HomeMy WebLinkAbout4.16 Agreement with Gannett Fleming and Amendments to Agreements with MNS Engineers, Inc. and Swinerton Management & Consulting for Construction Management and Inspection Servicesr
DUBLIN
CALIFORNIA
STAFF REPORT
CITY COUNCIL
DATE: .Line 6, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
Agenda Item 4.16
SU B.ECT : Agreement with Gannett Fleming and Amendments to Agreements with MNS
Engineers, Inc. and Swinerton Management & Consulting for Construction
Management and Inspection Services
Prepared by: Jordan Foss, Management Analyst 11
EXECUTIVE SUMMARY:
The City Council will consider approving amendments to agreements with MNS Engineers, Inc.
and Swinerton Management & Consulting for construction management and inspection
services. Additionally, the City Council will consider approving an agreement for construction
management and inspection services with Gannett Fleming.
STAFF RECOMMENDATION:
Take the following actions 1) Adopt the Resolution Approving Amendments to the Agreements
with MNS Engineers, Inc. and Swinerton Management & Consulting; 2) Adopt the Resolution
Approving an Agreement with Gannett Fleming.
FINANCIAL IMPACT:
All charges will be in accordance with assigned project and on -call work and will be covered by
the adopted Capital Improvement Program budgets or through permit and developer deposit
accounts.
DESCRIPTION:
Construction Management and Inspection Services Amendments
The Public Works Department utilizes consultants on Capital Improvement Program (CIP)
projects, private development projects, and for on -call, as -needed services. Services provided
assist Staff in specific areas of technical and professional expertise. Consultants are solicited
through an open and competitive request for qualifications (RFQ) process.
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Using the RFQ process, the City Council authorized entering into agreements with MNS Engineers,
Inc. and Swinerton Management & Consulting (Swinerton) on June 15, 2021 (Resolution No. 72-
21), for a not -to -exceed compensation amount of $1,000,000 for construction management and
inspection services related to multiple CIP project work. The term of these agreements expires on
June 30, 2024. On December 16, 2021, the agreement with Swinerton was amended to include
emergency operations assistance within the scope of work.
As Staff determines the need for services on projects, task orders against the specific agreements
are issued. If a construction manager or inspector is selected to continue with additional services,
Staff often amends the assigned task order or issues a new task order to include the additional
services. Staff tracks the use of agreements and will occasionally utilize one firm more than others
due to the skill set of the construction manager, specialty services of the firm, familiarity with the
project site or location, or experience with the project scope of work.
In July 2021, Swinerton was selected to provide construction management and inspection services
for the Cultural Arts Center project. The project went to construction in October 2022 and
construction is anticipated to be completed in April 2024, which is two months before the end of
the three-year agreement term of June 30, 2024. Additionally, the task order issued to Swinerton
for the Cultural Arts Center did not include post -construction, warranty, and project closeout
support because those activities could not be covered under the $1,000,000 not -to -exceed
compensation limit. Staff recommends amending the agreement with Swinerton to extend the
term through June 30, 2026, and to increase the not -to -exceed compensation limit to $2,000,000,
which will allow for project closeout support on the Cultural Arts Center and for support on other
projects as needs arise and project budgets allow.
MNS Engineers, Inc. is utilized by multiple divisions within the Public Works Department. In this
upcoming Fiscal Year, it is anticipated that the not -to -exceed amount in the original agreement
will be reached. Further, Staff desires to utilize the firm's services beyond the June 30, 2024
expiration date. Staff recommends amending the agreement with MNS Engineers, Inc. to extend
the term of services through June 30, 2026, and to increase the not -to -exceed compensation to
$2,000,000 to provide uninterrupted services and to provide support on other projects as needs
arise and project budgets allow.
Construction Management and Inspection Services Agreement
Staff identified additional projects that were not a part of the original solicitation for services in
2021. The projects are the Iron Horse Nature Park and Open Space - Phase 1 and Green
Stormwater Infrastructure. To ensure that qualified firms were provided the opportunity to
propose services for the newly identified projects, Staff solicited consultants through an open and
competitive request for proposals (RFP) process. The RFP process is used to identify consulting
firms with the necessary background and experience to provide services. The Construction
Management and Inspection Services RFP specified that selection would be based on quality and
completeness of submissions as well as the project team's experience with engagements of similar
scope and complexity. The RFP was sent to firms that had expressed interest in receiving RFPs and
was also posted on the City's website.
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Seven proposals were received from the following firms: Anchor, Associated Engineering
Consultants, Gannett Fleming, Nova Partners, Park Engineering, SNG & Associates, and Townsend
Management. In reviewing all proposals Staff recommends one firm, Gannett Fleming, to provide
services on the Iron Horse Nature Park and Open Space -Phase 1, the Green Stormwater
Infrastructure, and on other projects as needs arise and project budgets allow, for an agreement
term through June 30, 2026, and a total not -to -exceed compensation limit of $2,000,000.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Approving Amendments to the Agreements with MNS Engineers, Inc. and
Swinerton Management & Consulting
2) Exhibit A to the Resolution - Amendments to Consulting Services Agreements
3) Resolution Approving an Agreement with Gannett Fleming
4) Exhibit A to the Resolution -Agreement with Gannett Fleming for Construction Management
and Inspection Services
5) Original Agreement and Amendment to Agreements for Construction Management and
Inspection Services
6) Request for Proposals for Construction Management and Inspection Services
7) Proposal for Construction Management and Inspection Services
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Attachment I
RESOLUTION NO. XX — 23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENTS TO THE AGREEMENTS WITH MNS ENGINEERS, INC. AND
SWINERTON MANAGEMENT & CONSULTING
WHEREAS, in 2021, Staff prepared and initiated a Requests for Qualifications (RFQs) for
Construction Management and Inspection Services; and
WHEREAS, during that time, Staff reviewed and selected the most qualified contractors
and entered into agreements for these services; and
WHEREAS, the City entered into agreements with MNS Engineers, Inc. and Swinerton
Management & Consulting on July 1, 2021; and
WHEREAS, the City amended the agreement with Swinerton Management & Consulting
on December 16, 2021 to include emergency operations assistance; and
WHEREAS, the City wishes to amend the agreements with MNS Engineers, Inc. and
Swinerton Management & Consulting to extend the terms to June 30, 2026, and increase the not -
to -exceed compensation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the amendments to the agreements with MNS Engineers, Inc. and Swinerton
Management and Consulting, attached hereto as Exhibit A to this Resolution.
BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute
Exhibit A, and make any necessary, non -substantive changes to Exhibit A to carry out the intent
of this Resolution.
PASSED, APPROVED AND ADOPTED this 6th day of June 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Reso. No. XX-23, Item X.X, Adopted 06/06/2023 Page 1 of 1 641
Attachment 2
AMENDMENT #1 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF
DUBLIN AND
MNS ENGINEERS, INC.
WHEREAS, on July 1, 2021, the City of Dublin (hereinafter referred to as
"CITY") and MNS Engineers, Inc. (hereinafter referred to as " CONSULTANT ") entered into
a Consulting Services Agreement for On -Call Construction Management & Inspection
Services (hereinafter referred to as the "AGREEMENT"); and
WHEREAS, the CITY would like to expand the services provided by the
CONSULTANT; and
WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement
to extend the term through June 30, 2026 by modifying section 1.1 of the Agreement and
increase the not to exceed compensation amount to $2,000,000 by modifying Section 2 of the
Agreement.
NOW THEREFORE, for good and valuable consideration, the sufficiency of
which is hereby acknowledged, the AGREEMENT is amended as follows:
1) Section 1.1 shall be rescinded in its entirety and replaced with the following:
Term of Services. The term of this Agreement shall begin on the Effective Date and
shall end on June 30, 2026, and Consultant shall complete the work described in
Exhibit A on or before that date, unless the term of the Agreement is otherwise
terminated or extended, as provided for in Section 8. The time provided to Consultant
to complete the services required by this Agreement shall not affect the City's right to
terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing
this Agreement may be extended on a month to month basis for up to 6 months upon
the written consent of the Consultant and the City Manager, provided that: a) sufficient
funds have been appropriated for such purchase, b) the price charged by the
Consultant for the provision of the serves described in Exhibit A does not increase.
None of the foregoing shall affect the City's right to terminate the Agreement as
provided for in Section 8.
2) Section 2 COMPENSATION, the first paragraph shall be rescinded in its entirety and
replaced with the following:
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to
exceed $2,000,000, notwithstanding any contrary indications that may be contained in
the Consultant's proposal, for services to be performed and reimbursable costs
incurred under his Agreement. In the event of a conflict between this Agreement and
the Consultant's proposal, regarding the amount of compensation, the Agreement shall
prevail. City shall pay Consultant for services rendered pursuant to this Agreement at
the time and in the manner set forth herein. Consultant shall submit all invoices to City
in the manner specified herein. Except as specifically authorized by City, Consultant
shall not bill City for duplicate services performed by more than one person.
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3) Except to the extent inconsistent with this First Amendment, the Parties ratify and
confirm all of the terms and conditions of the AGREEMENT.
4) All requisite insurance policies to be maintained by the Consultant pursuant to the
Agreement, as may have been amended from time to time, shall include coverage for
the amended term, as described above.
5) The individuals executing this Amendment and the instruments referenced in it on
behalf of Consultant each represent and warrant that they have the legal power, right
and actual authority to bind Consultant to the terms and conditions of this
Amendment.
SIGNATURES ON THE FOLLOWING PAGE
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643
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be
executed as of the date of the City Manager's signature below.
CITY OF DUBLIN MNS ENGINEERS, INC.
DocuSigned by:
By: By: _�
E28193138F8F4E5..i Linda Smith, City Manager ureg uneini, Vice President
Dated:
ATTEST:
By:
Marsha Moore, City Clerk
APPROVED AS TO FORM:
By:
City Attorney
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644
AMENDMENT #2 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF
DUBLIN AND
SWINERTON MANAGEMENT & CONSULTING
WHEREAS, on July 1, 2021, the City of Dublin (hereinafter referred to as
"CITY") and Swinerton Management & Consulting (hereinafter referred to as
"CONSULTANT ") entered into a Consulting Services Agreement for On -Call Construction
Management & Inspection Services (hereinafter referred to as the "AGREEMENT"); and
WHEREAS, the CITY would like to expand the services provided by the
CONSULTANT; and
WHEREAS, the CITY and CONSULTANT entered into Amendment No. 1 to the
AGREEMENT dated December 16, 2021, for the addition of a new section for Emergency
Operations Assistance to the Public Works Department in the event of an emergency; and
WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement
to extend the term through June 30, 2026 by modifying section 1.1 of the Agreement and
increase the not to exceed compensation amount to $2,000,000 by modifying Section 2 of the
Agreement.
NOW THEREFORE, for good and valuable consideration, the sufficiency of
which is hereby acknowledged, the AGREEMENT is amended as follows:
1) Section 1.1 shall be rescinded in its entirety and replaced with the following:
Term of Services. The term of this Agreement shall begin on the Effective Date and
shall end on June 30, 2026, and Consultant shall complete the work described in
Exhibit A on or before that date, unless the term of the Agreement is otherwise
terminated or extended, as provided for in Section 8. The time provided to Consultant
to complete the services required by this Agreement shall not affect the City's right to
terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing
this Agreement may be extended on a month to month basis for up to 6 months upon
the written consent of the Consultant and the City Manager, provided that: a) sufficient
funds have been appropriated for such purchase, b) the price charged by the
Consultant for the provision of the serves described in Exhibit A does not increase.
None of the foregoing shall affect the City's right to terminate the Agreement as
provided for in Section 8.
2) Section 2 COMPENSATION, the first paragraph shall be rescinded in its entirety and
replaced with the following:
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to
exceed $2,000,000, notwithstanding any contrary indications that may be contained in
the Consultant's proposal, for services to be performed and reimbursable costs
incurred under his Agreement. In the event of a conflict between this Agreement and
the Consultant's proposal, regarding the amount of compensation, the Agreement shall
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645
prevail. City shall pay Consultant for services rendered pursuant to this Agreement at
the time and in the manner set forth herein. Consultant shall submit all invoices to City
in the manner specified herein. Except as specifically authorized by City, Consultant
shall not bill City for duplicate services performed by more than one person.
3) Except to the extent inconsistent with this Second Amendment, the Parties ratify and
confirm all of the terms and conditions of the AGREEMENT.
4) All requisite insurance policies to be maintained by the Consultant pursuant to the
Agreement, as may have been amended from time to time, shall include coverage for
the amended term, as described above.
5) The individuals executing this Amendment and the instruments referenced in it on
behalf of Consultant each represent and warrant that they have the legal power, right
and actual authority to bind Consultant to the terms and conditions of this
Amendment.
SIGNATURES ON THE FOLLOWING PAGE
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646
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be
executed as of the date of the City Manager's signature below.
CITY OF DUBLIN
By:
Linda Smith, City Manager
Dated:
ATTEST:
By:
Marsha Moore, City Clerk
APPROVED AS TO FORM:
By:
City Attorney
SWINERTON MANAGEMENT &
CONSULTANT
—DocuSigned by:
By . atA,
——FEA228FB505742B..
Jerrery uee, AIA, Vice President
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647
Attachment 3
RESOLUTION NO. XX — 23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AGREEMENT WITH GANNETT FLEMING
WHEREAS, on March 22, 2023, Staff issued a Request for Proposals (RFP) for
construction management and inspection services; and
WHEREAS, the City received seven responses to the RFP; and
WHEREAS, Staff reviewed and evaluated the proposals in accordance with the RFP rating
criteria; and
WHEREAS, the City desires to enter into an agreement with Gannett Fleming for these
services for a not -to -exceed amount of $2,000,000 over a term beginning June 7, 2023 and ending
June 30, 2026.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the agreement with Gannett Fleming, attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute
amendments to the agreement to extend the term for a maximum of two years beyond the initial
term.
BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to make
any necessary, non -substantive changes to Exhibit A to carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 6th day of June 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Reso. No. XX-23, Item X.X, Adopted 06/06/23 Page 1 of 1 648
Attachment 4
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
GANNETT FLEMING
FOR
CONSTRUCTION MANAGEMENT, INSPECTION SERVICES, AND MATERIALS TESTING
THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and
Gannett Fleming ("Consultant") (together sometimes referred to as the "Parties") as of June 7, 2023 (the
"Effective Date").
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1
Term of Services. The term of this Agreement shall begin on the Effective Date and shall
end on June 30, 2026, and Consultant shall complete the work described in Exhibit A on
or before that date, unless the term of the Agreement is otherwise terminated or extended,
as provided for in Section 8. The time provided to Consultant to complete the services
required by this Agreement shall not affect the City's right to terminate the Agreement, as
referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended
on a month to month basis for up to 6 months upon the written consent of the Consultant
and the City Manager, provided that: a) sufficient funds have been appropriated for such
purchase, b) the price charged by the Consultant for the provision of the serves described
in Exhibit A does not increase. None of the foregoing shall affect the City's right to
terminate the Agreement as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Subsection 1.2 above and to satisfy Consultant's obligations hereunder.
1.5 Public Works Requirements. Because the services described in Exhibit A include "work
performed during the design and preconstruction phases of construction including, but not
limited to, inspection and land surveying work," the services constitute a public works
within the definition of Section 1720(a)(1) of the California Labor Code. As a result,
Consulting Services Agreement between City of Dublin and
Gannett Fleming for Construction Management and Inspection Services
06/07/2023
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Consultant is required to comply with the provisions of the California Labor Code
applicable to public works, to the extent set forth in Exhibit D.
1.6 Public Works Contractor Registration. Consultant agrees, in accordance with Section
1771.1 of the California Labor Code, that Consultant or any subconsultant shall not be
qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104
of the Public Contract Code, or engage in the performance of any contract for public work,
as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code, unless
currently registered and qualified to perform public work pursuant to California Labor Code
section 1725.5. It is not a violation of this section for an unregistered contractor to submit a
bid that is authorized by Section 7029.1 of the Business and Professions Code or by
Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is
registered to perform public work pursuant to Section 1725.5 at the time the contract is
awarded. No contractor or subcontractor may be awarded a contract for public work on a
public works project unless registered with the Department of Industrial Relations pursuant
to California Labor Code section 1725.5. Consultant agrees, in accordance with Section
1771.4 of the California Labor Code, that if the work under this Agreement qualifies as
public work, it is subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $2,000,000
(two million dollars), notwithstanding any contrary indications that may be contained in Consultant's
proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event
of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the
amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered
pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below
shall be the only payments from City to Consultant for services rendered pursuant to this Agreement.
Consultant shall submit all invoices to City in the manner specified herein. Except as specifically
authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than
one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. No individual performing work under this Agreement shall
bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager
or his/her designee. Invoices shall contain the following information:
■ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
Consulting Services Agreement between City of Dublin and
Gannett Fleming for Construction Management and Inspection Services
06/07/2023
Page 2 of 15
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■ The beginning and ending dates of the billing period;
■ A Task Summary containing the original contract amount, the amount of prior billings,
the total due this period, the balance available under the Agreement, and the
percentage of completion;
■ A copy of the applicable time entries or time sheets shall be submitted showing the
following:
o Daily logs of total hours worked by each individual performing work under
this Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour
o If this Agreement covers multiple projects, all hours must also be logged
by project assignment
o A brief description of the work, and each reimbursable expense
■ The total number of hours of work performed under the Agreement by Consultant and
each employee, agent, and subcontractor of Consultant performing services
hereunder;
■ The Consultant's signature;
■ Consultant shall give separate notice to the City when the total number of hours
worked by Consultant and any individual employee, agent, or subcontractor of
Consultant reaches or exceeds 800 hours within a 12-month period under this
Agreement and any other agreement between Consultant and City. Such notice shall
include an estimate of the time necessary to complete work described in Exhibit A and
the estimate of time necessary to complete work under any other agreement between
Consultant and City, if applicable.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Final Payment. City shall pay the last 10°/0 of the total sum due pursuant to this
Agreement within 60 days after completion of the services and submittal to City of a final
invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
Consulting Services Agreement between City of Dublin and
Gannett Fleming for Construction Management and Inspection Services
06/07/2023
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unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the compensation schedule attached hereto as Exhibit B.
2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B. Expenses
not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in
the total amount of compensation provided under this Agreement that shall not be
exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant's use while consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those facilities shall
be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
incurring any direct expense, including but not limited to computer, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Consultant, at its
own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance
listed below against claims for injuries to persons or damages to property that may arise from or in
connection with the performance of the work hereunder by the Consultant and its agents, representatives,
employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof
satisfactory to City of such insurance that meets the requirements of this section and under forms of
insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work.
Consultant shall maintain the insurance policies required by this section throughout the term of this
Agreement. The cost of such insurance shall be included in the Consultant's bid or proposal. Consultant
shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all
Consulting Services Agreement between City of Dublin and
Gannett Fleming for Construction Management and Inspection Services
06/07/2023
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insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in
effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF
THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed
herein for the duration of this Agreement.
4.1 Workers' Compensation.
4.1.1 General Requirements. Consultant shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for
any and all persons employed directly or indirectly by Consultant. The Statutory
Workers' Compensation Insurance and Employer's Liability Insurance shall be
provided with limits of not less than $1,000,000 per accident. In the alternative,
Consultant may rely on a self-insurance program to meet these requirements, but
only if the program of self-insurance complies fully with the provisions of the
California Labor Code. Determination of whether a self-insurance program meets
the standards of the California Labor Code shall be solely in the discretion of the
Contract Administrator.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation
in favor of the entity for all work performed by the Consultant, its employees,
agents, and subcontractors.
4.1.2 Submittal Requirements. To comply with Subsection 4.1, Consultant shall
submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
and
b. Waiver of Subrogation Endorsement as required by the section.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements. Consultant, at its own cost and expense, shall maintain
commercial general liability insurance for the term of this Agreement in an amount
not less than $1,000,000 and automobile liability insurance for the term of this
Agreement in an amount not less than $1,000,000 per occurrence, combined
single limit coverage for risks associated with the work contemplated by this
Agreement. If a Commercial General Liability Insurance or an Automobile Liability
form or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required
occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting
therefrom, and damage to property resulting from activities contemplated under
this Agreement, including without limitation, blanket contractual liability and the
use of owned and non -owned automobiles.
Consulting Services Agreement between City of Dublin and
Gannett Fleming for Construction Management and Inspection Services
06/07/2023
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4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (most recent edition) covering comprehensive General Liability on an
"occurrence" basis. Automobile coverage shall be at least as broad as Insurance
Services Office Automobile Liability form CA 0001, Code 1 (any auto). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional Requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not
on a claims -made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as
additional insureds as respects: liability arising out of work or operations
performed by or on behalf of the Consultant; or automobiles owned,
leased, hired, or borrowed by the Consultant.
c. Consultant hereby agrees to waive subrogation which any insurer or
contractor may require from vendor by virtue of the payment of any loss.
Consultant agrees to obtain any endorsements that may be necessary to
effect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the
Consultant's insurance coverage shall be primary insurance as respects
the City, its officers, officials, employees, and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees,
or volunteers shall be excess of the Consultant's insurance and shall not
contribute with it.
4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall
submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
b. Additional Insured Endorsement as required by the section;
c. Waiver of Subrogation Endorsement as required by the section; and
d. Primary Insurance Endorsement as required by the section.
4.3 Professional Liability Insurance.
4.3.1 General Requirements. Consultant, at its own cost and expense, shall maintain
for the period covered by this Agreement professional liability insurance for
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licensed professionals performing work pursuant to this Agreement in an amount
not less than $2,000,000 covering the licensed professionals' errors and
omissions. Any deductible or self -insured retention shall not exceed $150,000 per
claim.
4.3.2 Claims -Made Limitations. The following provisions shall apply if the professional
liability coverage is written on a claims -made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least 3 years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another
claims -made policy form with a retroactive date that precedes the date of
this Agreement, Consultant shall purchase an extended period coverage
for a minimum of 3 years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be submitted to the City
for review prior to the commencement of any work under this Agreement.
4.3.3 Submittal Requirements. To comply with Subsection 4.3, Consultant shall
submit the Certificate of Liability Insurance in the amounts specified in the section.
4.4 All Policies Requirements.
4.4.1 Acceptability of Insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of Coverage. Prior to beginning any work under this Agreement,
Consultant shall furnish City with complete copies of all Certificates of Liability
Insurance delivered to Consultant by the insurer, including complete copies of all
endorsements attached to the policies. All copies of Certificates of Liability
Insurance and certified endorsements shall show the signature of a person
authorized by that insurer to bind coverage on its behalf. If the City does not
receive the required insurance documents prior to the Consultant beginning work,
it shall not waive the Consultant's obligation to provide them. The City reserves
the right to require complete copies of all required insurance policies at any time.
4.4.3 Deductibles and Self -Insured Retentions. Consultant shall disclose to and
obtain the written approval of City for the self -insured retentions and deductibles
before beginning any of the services or work called for by any term of this
Agreement. At the option of the City, either: the insurer shall reduce or eliminate
such deductibles or self -insured retentions as respects the City, its officers,
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employees, and volunteers; or the Consultant shall provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
4.4.4 Wasting Policies. No policy required by this Section 4 shall include a "wasting"
policy limit (i.e. limit that is eroded by the cost of defense).
4.4.5 Endorsement Requirements. Each insurance policy required by Section 4 shall
be endorsed to state that coverage shall not be canceled by either party, except
after 30 days' prior written notice has been provided to the City.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant's breach:
■ Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
■ Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
■ Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Refer to the attached
Exhibit C, which is incorporated herein and made a part of this Agreement.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. This Agreement shall
not be construed as an agreement for employment. City shall have the right to control
Consultant only insofar as the results of Consultant's services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise
City shall not have the right to control the means by which Consultant accomplishes
services rendered pursuant to this Agreement. Consultant further acknowledges that
Consultant performs Services outside the usual course of the City's business; and is
customarily engaged in an independently established trade, occupation, or business of the
same nature as the Consultant performs for the City and has the option to perform such
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work for other entities. Notwithstanding any other City, state, or federal policy, rule,
regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents,
and subcontractors providing services under this Agreement shall not qualify for or
become entitled to, and hereby agree to waive any and all claims to, any compensation,
benefit, or any incident of employment by City, including but not limited to eligibility to
enroll in the California Public Employees Retirement System (PERS) as an employee of
City and entitlement to any contribution to be paid by City for employer contributions and/or
employee contributions for PERS benefits.
6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws and regulations applicable to the performance of the work hereunder, including but
not limited to, the California Building Code, the Americans with Disabilities Act, and any
copyright, patent or trademark law. Consultant's failure to comply with any law(s) or
regulation(s) applicable to the performance of the work hereunder shall constitute a breach
of contract.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Consultant represents and warrants to City that Consultant and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect
at all times during the term of this Agreement any licenses, permits, and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
Consultant and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person's race, sex, gender, religion (including religious dress and grooming
practices), national origin, ancestry, physical or mental disability, medical condition
(including cancer and genetic characteristics), marital status, age, sexual orientation, color,
creed, pregnancy, genetic information, gender identity or expression, political affiliation or
belief, military/veteran status, or any other classification protected by applicable local,
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state, or federal laws (each a "Protected Characteristic"), against any employee, applicant
for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or
applicant for any services or programs provided by Consultant under this Agreement.
Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consultant.
Consultant may cancel this Agreement upon 30 days' written notice to City and shall
include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Consultant or
prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the
Parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted
in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement.
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8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement, City's remedies shall include, but are not limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount that
City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
Parties.
9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of 3 years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to
the examination and audit of the State Auditor, at the request of City or as part of any audit
of the City, for a period of 3 years after final payment under the Agreement.
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Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the Parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court for
the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the Parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Consultant in a "conflict of interest," as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Section 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous 12 months,
an employee, agent, appointee, or official of the City. If Consultant was an employee,
agent, appointee, or official of the City in the previous 12 months, Consultant warrants that
it did not participate in any manner in the forming of this Agreement. Consultant
understands that, if this Agreement is made in violation of California Government Code
Section 1090 et seq., the entire Agreement is void and Consultant will not be entitled to
any compensation for services performed pursuant to this Agreement, including
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reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of California Government Code
Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the
State of California.
At City's sole discretion, Consultant may be required to file with the City a Form 700 to
identify and document Consultant's economic interests, as defined and regulated by the
California Fair Political Practices Commission. If Consultant is required to file a Form 700,
Consultant is hereby advised to contact the Dublin City Clerk for the Form 700 and
directions on how to prepare it.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by the City Manager
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
Gannett Fleming
Att: Rany Chek, Principal -in -Charge
155 Grand Avenue, Suite 504
Oakland, CA 94612
Any written notice to City shall be sent to:
City of Dublin
Att: City Engineer
100 Civic Plaza
Dublin, CA 94568
10.11 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A, B, and C and D represents the entire and integrated
agreement between City and Consultant and supersedes all prior negotiations,
representations, or agreements, either written or oral.
Exhibit A Scope of Services
Exhibit B Compensation Schedule & Reimbursable Expenses
Exhibit C Indemnification
Exhibit D California Labor Code Section 1720 Information
10.12 Counterparts and Electronic Signatures. This Agreement may be executed in multiple
counterparts, each of which shall be an original and all of which together shall constitute
one agreement. Counterparts delivered and/or signatures executed by City -approved
electronic or digital means shall have the same force and effect as the use of a manual
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signature. Both Parties desire this Agreement to be electronically signed in accordance
with applicable federal and California law. Either Party may revoke its agreement to use
electronic signatures at any time by giving notice to the other Party.
10.13 Certification per Iran Contracting Act of 2010. In the event that this contract is for
one million dollars ($1,000,000.00) or more, by Consultant's signature below Consultant
certifies that Consultant, and any parent entities, subsidiaries, successors or subunits of
Consultant are not identified on a list created pursuant to subdivision (b) of Section 2203 of
the California Public Contract Code as a person engaging in investment activities in Iran as
described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b)
of Section 2202.5 of the California Public Contract Code, as applicable.
SIGNATURES ON FOLLOWING PAGE
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The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear
below certify that they are authorized to sign on behalf of the respective Party.
CITY OF DUBLIN GANNETT FLEMING
Linda Smith, City Manager
Attest:
Marsha Moore, City Clerk
Approved as to Form:
City Attorney
3070368.1
�/l
1
Consultant's DIR Registration Number
(if applicable)
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EXHIBIT A
SCOPE OF SERVICES
The Scope of Services is intended as a guide to illustrate the minimum project requirements. The
Construction Management Team will provide professional and technical services to manage the
construction and inspection for the assigned project under the supervision of the City of Dublin. The
Consultant shall provide all other necessary equipment, vehicle(s), cell phone, tools of the trade, etc.
necessary for the project team to successfully complete the project.
Consultant Scope of Services
1. PROJECT COORDINATION and PRE -CONSTRUCTION Gannett Fleming, Inc. will provide, but not be
limited to, the follow project coordination services:
1.1. Assist City staff in all phases with Project coordination, acting as liaison to the City through the
City's Project Manager
1.2. Review project plans for completeness and clarity, and for coordination of plans, specifications
and cost estimate, and for any omission of scope.
1.3. Assist the Design Consultant's Team to ensure compliance with the projects various
environmental requirements and permits.
1.4. Coordinate with the City and the design team, to provide recommendation and review the
implementation of changes in the Contract Documents
1.5. Assist with the advertisement of the bid documents, providing support throughout the entire bid
process all the way through the award, including receiving bidder's questions, issuing of bid
addendums and analysis of the bid.
1.6. Assist with the establishment, implementation, and modification of Project administrative
procedures.
1.7. Coordinate, lead, and document appropriate weekly Project meetings throughout each phase of
the Project lifecycle.
1.8. Assist with the procurement of any required building permits.
1.9. Review hazardous material survey, reporting and abatements work to manage City compliance
with appropriate entities, as needed.
1.10.Assist City staff as directed.
2. DOCUMENT CONTROL SERVICES Gannett Fleming, Inc. will provide, but not be limited to, the
following document control services:
2.1. Maintain all Project documentation in an integrated, accessible electronic format.
2.2. Maintain status logs of Project documents such as design activities and status, requests for
information, submittals, substitution requests, etc.
3. CONSTRUCTION MANAGEMENT
3.1. Provide procurement support, management, administration, and oversight of construction contract.
3.2. Perform as the Construction Manager during the entire Project lifecycle. At a minimum, Gannett
Fleming, Inc. will provide the following construction management services:
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• Enforce the Contractor's project specific Health and Safety Program.
• Review construction documents for constructability and consistency with the Project
schedule.
• Schedule, direct, and supervise the Project Inspector.
• Review construction work and phasing plans and make recommendations to minimize
disruptions.
• Review Contractor's Construction Schedules (baseline, monthly updates, and three- week
lookaheads), Weekly Statement of Days and notify Client of any discrepancies or areas of
concern.
• Provide inspector's daily report of events, labor, equipment, and activities. The report shall
include daily progress pictures.
• Oversee construction activities and that they are properly coordinated with all necessary
personnel, including City and any other affected parties.
• Review construction quality assurance/quality control plans.
• Manage on -site material testing services.
• Oversee and coordinate that the Construction Contractor has scheduled all formal code
inspections with the appropriate City of Dublin and state agencies once a pre- inspection
has been performed by the Construction Contractor. Prior to the formal inspection, the
pre -inspection shall confirm that all contract and code requirements.
• Coordinate with specialty inspection firm.
• Monitor environmental inspection for Construction Contractor's compliance with
environmental regulations and submit necessary documentation to the SMART system.
• Examine materials and equipment being incorporated into the work to verify that they are
supported by approved submittals, handled, stored, and installed properly.
• Manage and coordinate review with design engineer the submission of samples, shop
drawings, Operation and Maintenance manuals, and other submittals from Construction
Contractor for contract and code compliance.
• Identify problems encountered in accomplishing the construction work and recommend
appropriate action to the City in order to resolve problems with a minimum effect on the
timely completion of the Project.
• Maintain a log of any Requests for Information and manage responses for approval by
City and/or Engineer -of -Record.
• Review Contractors Monthly Progress Payment requests for accuracy and recommend
approval.
• Provide a monthly update outlining project status.
• Review Construction Contractor reports, as -built drawings, and other construction
documentation and verify information is appropriately captured.
• Coordinate job site meetings and prepare meeting minutes.
• Evaluation, prepare independent cost estimates, time impact analysis, and negotiation of
change orders, prepare and process change orders for City approval, and maintain a
Change Order log.
• Work with City, the City Building Department, and other agencies on project
commissioning/ final inspection, as needed.
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• Project Closeout to include preparing and overseeing completion of project punch list by
construction contractor, as-builts, resolution of all contractor claims and final progress
payment.
• Provide any required documentation to meet the requirements of grant funding, as
needed.
4. POST -CONSTRUCTION SERVICES:
4.1. Provide marked up construction record drawings (as -built drawings) for designer completion.
4.2. Coordinate and prepare final progress payment.
4.3. Provide final inspection services and project closeout activities including preparation of final
construction project report and other documents required by City of Dublin, City Building
Department or Authority having Jurisdiction and resolve all contractor claims if any.
4.4. Resolution of all contract issues, warranties, bonds, etc.
4.5. Turn all construction documents over to the City of Dublin.
5. AS -DIRECTED SERVICES
5.1 Gannett Fleming, Inc. shall provide as -directed services to the City. As -Directed services could
include the following services:
• Review project plans for completeness and clarity, and for coordination of plans,
specifications and cost estimate, and for any omission of scope.
• Review project specifications for completeness of items of work and with corresponding
bid items and consistency with the plans. Identify any project components that has to be
completed prior to award of construction contract such as third -party utility relocation, right
of way acquisition or easement agreements, encroachment permits.
• Review project cost estimate for completeness of bid items and consistency with the plans
and specifications; review bid quantity and measurement and payment; identify bid items
with final pay quantities, identify items with long lead time or items not available or not
readily available in the industry; propose alternatives, etc.
• Review project schedule for sequence of work, coordination of work and identify
construction impacts and identify critical path items and provide recommendations on
construction durations, etc.
• Technical Reviews:
• Hydrology/Hydraulic studies and Drainage design
• Stormwater Pollution Prevention Plan (SWPPP)
• Hydromodification and Stormwater Treatment (C.3)
• Structural calculations
• Geotechnical reports
• Traffic studies, etc.
• Review of environmental studies and environmental documents, regulatory permits.
• Review of right of way and easements.
• Review of ADA compliance.
• Perform feasibility studies and cost to benefits analysis.
• Prepare conceptual designs and alternatives.
• Assist with funding applications.
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EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
Construction Management And Inspection Rate Sheet
CLASSIFICATION 2023 2024 2025 2026
Billing Billing Billing Billing
Rates Rates Rates Rates
Principal $386.25 $397.84 $409.77 $422.07
Project/Contract Manager $283.25 $291.75 $300.50 $309.51
Resident Engineer $221.45 $228.09 $234.94 $241.98
Assistant CM/Resident Engineer $190.55 $196.27 $202.15 $208.22
Construction Manager $231.75 $238.70 $245.86 $253.24
Inspector* $180.25 $185.66 $191.23 $196.96
Senior Inspector* $195.70 $201.57 $207.62 $213.85
Project Engineer/Architect $206.00 $212.18 $218.55 $225.10
Office Engineer/Contract Administrator $169.95 $175.05 $180.30 $185.71
Cost Estimator $180.25 $185.66 $191.23 $196.96
Project Controls/Scheduler $206.00 $212.18 $218.55 $225.10
Technician $128.75 $132.61 $136.59 $140.69
Administrative Assistant $128.75 $132.61 $136.59 $140.69
* Construction Inspector Rates shown are proposed for straight -time work within the following counties: Alameda, Alpine, Amador,
Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Kings, Lake, Lassen, Madera, Marin,
Mariposa, Mendocino, Merced, Modoc, Monterey, Napa, Nevada, Placer, Plumas, Sacramento, San Benito, San Francisco, San
Joaquin, San Mateo, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity,
Tulare, Tuolumne, Yolo and Yuba counties. These rates meet or exceed the General Prevailing Wage Determination by the Director
of Industrial Relations Pursuant to CA Labor Code. Overtime hourly rates will be applied and billed in accordance with the Prevailing
Wage Determination.
** Reasonable Constructability Review turn -around time of 2 weeks, depending on project document size.
Other Direct Costs
Description of Item
Long -Distance Travel**
1. Airfare
2. Rental Vehicle
3. Per Diem
4. Lodging
Prints and Reproduction
1. Outside Reproduction
Delivery Services
1. Delivery Services
2. Express Mail/USPS
Unit
EA
EA
EA
EA
EA
EA
EA
Unit Cost
Actual
Actual
IRS Rate
IRS Rate
$1.50
$50.00
$15.00
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1 Project Local Travel
1. Vehicle
1 2. Other Staff Local Travel to Project Site
Subconsultants
1 1. Mark -Up
Month
Mile
$957.00
$0.65
5%
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EXHIBIT C
INDEMNIFICATION
A. Consultant shall, to the extent permitted by law, including without limitation California Civil Code 2782
and 2782.8, indemnify, hold harmless and assume the defense of, in any actions at law or in equity, the
City, its employees, agents, volunteers, and elective and appointive boards, from all claims, losses, and
damages, including property damage, personal injury, death, and liability of every kind, nature and
description, arising out of, pertaining to or related to the negligence, recklessness or willful misconduct
of Consultant or any person directly or indirectly employed by, or acting as agent for, Consultant, during
and after completion of Consultant's work under this Agreement.
B. With respect to those claims arising from a professional error or omission, Consultant shall defend,
indemnify and hold harmless the City (including its elected officials, officers, employees, and
volunteers) from all claims, losses, and damages arising from the professionally negligent acts, errors
or omissions of Consultant, however, the cost to defend charged to Consultant shall not exceed
Consultant's proportionate percentage fault.
C. Consultant's obligation under this section does not extend to that portion of a claim caused in whole or
in part by the sole negligence or willful misconduct of the City.
D. Consultant shall also indemnify, defend and hold harmless the City from all suits or claims for
infringement of any patent rights, copyrights, trade secrets, trade names, trademarks, service marks, or
any other proprietary rights of any person or persons because of the City or any of its officers,
employees, volunteers, or agents use of articles, products things, or services supplied in the
performance of Consultant's services under this Agreement, however, the cost to defend charged to
Consultant shall not exceed Consultant's proportionate percentage fault.
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EXHIBIT D
PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS
PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ.
HOURS OF WORK:
A. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the
services described in Exhibit A shall constitute a legal day's work under this contract.
B. In accordance with California Labor Code Section 1811, the time of service of any worker
employed in performance of the services described in Exhibit A is limited to 8 hours during any
one calendar day, and 40 hours during any one calendar week, except in accordance with
California Labor Code Section 1815, which provides that work in excess of 8 hours during any
one calendar day and 40 hours during any one calendar week is permitted upon compensation
for all hours worked in excess of 8 hours during any one calendar day and 40 hours during any
one calendar week at not less than one -and -one-half times the basic rate of pay.
C. The Consultant and its subcontractors shall forfeit as a penalty to the City $25 for each worker
employed in the performance of the services described in Exhibit A for each calendar day during
which the worker is required or permitted to work more than 8 hours in any one calendar day, or
more than 40 hours in any one calendar week, in violation of the provisions of California Labor
Code Section 1810 and following.
WAGES:
A. In accordance with California Labor Code Section 1773.2, the City has determined the general
prevailing wages in the locality in which the services described in Exhibit A are to be performed
for each craft or type of work needed to be as published by the State of California Department of
Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the
City Public Works Office and shall be made available on request. The Consultant and
subcontractors engaged in the performance of the services described in Exhibit A shall pay no
less than these rates to all persons engaged in performance of the services described in Exhibit
A.
B. In accordance with California Labor Code Section 1775, the Consultant and any subcontractors
engaged in performance of the services described in Exhibit A shall comply with California Labor
Code Section 1775, which establishes a penalty for each worker engaged in the performance of
the services described in Exhibit A that the Consultant or any subcontractor pays less than the
specified prevailing wage. The amount of such penalty shall be determined by the Labor
Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of
the Consultant or subcontractor in failing to pay the correct rate of prevailing wages, or the
previous record of the Consultant or subcontractor in meeting applicable prevailing wage
obligations, or the willful failure by the Consultant or subcontractor to pay the correct rates of
prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of
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prevailing wages is not excusable if the Consultant or subcontractor had knowledge of their
obligations under the California Labor Code. The Consultant or subcontractor shall pay the
difference between the prevailing wage rates and the amount paid to each worker for each
calendar day or portion thereof for which each worker was paid less than the prevailing wage
rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is
not paid the general prevailing per diem wages by the subcontractor, the Consultant is not liable
for any penalties therefore unless the Consultant had knowledge of that failure or unless the
Consultant fails to comply with all of the following requirements:
1. The contract executed between the Consultant and the subcontractor for the performance of
part of the services described in Exhibit A shall include a copy of the provisions of California
Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.
2. The Consultant shall monitor payment of the specified general prevailing rate of per diem
wages by the subcontractor by periodic review of the subcontractor's certified payroll
records.
3. Upon becoming aware of a subcontractor's failure to pay the specified prevailing rate of
wages, the Consultant shall diligently take corrective action to halt or rectify the failure,
including, but not limited to, retaining sufficient funds due the subcontractor for performance
of the services described in Exhibit A.
4. Prior to making final payment to the subcontractor, the Consultant shall obtain an affidavit
signed under penalty of perjury from the subcontractor that the subcontractor has paid the
specified general prevailing rate of per diem wages for employees engaged in the
performance of the services described in Exhibit A and any amounts due pursuant to
California Labor Code Section 1813.
C. In accordance with California Labor Code Section 1776, the Consultant and each subcontractor
engaged in performance of the services described in Exhibit A shall keep accurate payroll
records showing the name, address, social security number, work, straight time and overtime
hours worked each day and week, and the actual per diem wages paid to each journeyman,
apprentice, worker, or other employee employed in performance of the services described in
Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made
under penalty of perjury, stating both of the following:
1. The information contained in the payroll record is true and correct.
2. The employer has complied with the requirements of California Labor Code Sections 1771,
1811, and 1815 for any work performed by the employer's employees on the public works
project.
The payroll records required pursuant to California Labor Code Section 1776 shall be certified
and shall be submitted directly to the Labor Commission, and available for inspection by the
Owner and its authorized representatives, the Division of Labor Standards Enforcement, the
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Division of Apprenticeship Standards of the Department of Industrial Relations and shall
otherwise be available for inspection in accordance with California Labor Code Section 1776.
D. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the
Consultant and any subcontractors engaged in performance of the services described in Exhibit
A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5
governing employment and payment of apprentices on public works contracts.
E. In case it becomes necessary for the Consultant or any subcontractor engaged in performance
of the services described in Exhibit A to employ for the services described in Exhibit A any
person in a trade or occupation (except executive, supervisory, administrative, clerical, or other
non -manual workers as such) for which no minimum wage rate has been determined by the
Director of the Department of Industrial Relations, the Consultant or subcontractor shall pay the
minimum rate of wages specified therein for the classification which most nearly corresponds to
services described in Exhibit A to be performed by that person. The minimum rate thus
furnished shall be applicable as a minimum for such trade or occupation from the time of the
initial employment of the person affected and during the continuance of such employment.
3070368.1
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Attachment 5
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
MNS ENGINEERS, INC.
FOR
ON -CALL CONSTRUCTION MANAGEMENT AND INSPECTION
THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and
MNS Engineer, Inc. ("Consultant") (together sometimes referred to as the "Parties") as of July 1, 2021 (the
"Effective Date").
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1
Term of Services. The term of this Agreement shall begin on the Effective Date and shall
end on June 30, 2024, the date of completion specified in Exhibit A, and Consultant shall
complete the work described in Exhibit A on or before that date, unless the term of the
Agreement is otherwise terminated or extended, as provided for in Section 8. The time
provided to Consultant to complete the services required by this Agreement shall not affect
the City's right to terminate the Agreement, as referenced in Section 8. Notwithstanding
the foregoing this Agreement may be extended on a month to month basis for up to 6
months upon the written consent of the Consultant and the City Manager, provided that: a)
sufficient funds have been appropriated for such purchase, b) the price charged by the
Consultant for the provision of the serves described in Exhibit A does not increase. None
of the foregoing shall affect the City's right to terminate the Agreement as provided for in
Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Subsection 1.2 above and to satisfy Consultant's obligations hereunder.
1.5 Public Works Requirements. Because the services described in Exhibit A include "work
performed during the design and preconstruction phases of construction including, but not
limited to, inspection and land surveying work," the services constitute a public works
within the definition of Section 1720(a)(1) of the California Labor Code. As a result,
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Consultant is required to comply with the provisions of the California Labor Code
applicable to public works, to the extent set forth in Exhibit D.
1.6 Public Works Contractor Registration. Consultant agrees, in accordance with Section
1771.1 of the California Labor Code, that Consultant or any subconsultant shall not be
qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104
of the Public Contract Code, or engage in the performance of any contract for public work,
as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code, unless
currently registered and qualified to perform public work pursuant to California Labor Code
section 1725.5. It is not a violation of this section for an unregistered contractor to submit a
bid that is authorized by Section 7029.1 of the Business and Professions Code or by
Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is
registered to perform public work pursuant to Section 1725.5 at the time the contract is
awarded. No contractor or subcontractor may be awarded a contract for public work on a
public works project unless registered with the Department of Industrial Relations pursuant
to California Labor Code section 1725.5. Consultant agrees, in accordance with Section
1771.4 of the California Labor Code, that if the work under this Agreement qualifies as
public work, it is subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed
$1,000,000, notwithstanding any contrary indications that may be contained in Consultant's proposal, for
services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict
between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of
compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this
Agreement at the time and in the manner set forth herein. The payments specified below shall be the only
payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall
submit all invoices to City in the manner specified herein. Except as specifically authorized by City in
writing, Consultant shall not bill City for duplicate services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. No individual performing work under this Agreement shall
bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager
or his/her designee. Invoices shall contain the following information:
■ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
■ The beginning and ending dates of the billing period;
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• A Task Summary containing the original contract amount, the amount of prior billings,
the total due this period, the balance available under the Agreement, and the
percentage of completion;
• A copy of the applicable time entries or time sheets shall be submitted showing the
following:
o Daily logs of total hours worked by each individual performing work under
this Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour
o If this Agreement covers multiple projects, all hours must also be logged
by project assignment
o A brief description of the work, and each reimbursable expense
• The total number of hours of work performed under the Agreement by Consultant and
each employee, agent, and subcontractor of Consultant performing services
hereunder;
• The Consultant's signature;
• Consultant shall give separate notice to the City when the total number of hours
worked by Consultant and any individual employee, agent, or subcontractor of
Consultant reaches or exceeds 800 hours within a 12-month period under this
Agreement and any other agreement between Consultant and City. Such notice shall
include an estimate of the time necessary to complete work described in Exhibit A and
the estimate of time necessary to complete work under any other agreement between
Consultant and City, if applicable.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within 60 days after completion of the services and submittal to City of a final
invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
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2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the compensation schedule attached hereto as Exhibit B.
2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B. Expenses
not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in
the total amount of compensation provided under this Agreement that shall not be
exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Pavment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant's use while consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those facilities shall
be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
incurring any direct expense, including but not limited to computer, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Consultant, at its
own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance
listed below against claims for injuries to persons or damages to property that may arise from or in
connection with the performance of the work hereunder by the Consultant and its agents, representatives,
employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof
satisfactory to City of such insurance that meets the requirements of this section and under forms of
insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work.
Consultant shall maintain the insurance policies required by this section throughout the term of this
Agreement. The cost of such insurance shall be included in the Consultant's bid or proposal. Consultant
shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all
insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in
effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF
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THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed
herein for the duration of this Agreement.
4.1 Workers' Compensation.
4.1.1 General Requirements. Consultant shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for
any and all persons employed directly or indirectly by Consultant. The Statutory
Workers' Compensation Insurance and Employer's Liability Insurance shall be
provided with limits of not less than $1,000,000 per accident. In the alternative,
Consultant may rely on a self-insurance program to meet these requirements, but
only if the program of self-insurance complies fully with the provisions of the
California Labor Code. Determination of whether a self-insurance program meets
the standards of the California Labor Code shall be solely in the discretion of the
Contract Administrator.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation
in favor of the entity for all work performed by the Consultant, its employees,
agents, and subcontractors.
4.1.2 Submittal Requirements. To comply with Subsection 4.1, Consultant shall
submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
and
b. Waiver of Subrogation Endorsement as required by the section.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements. Consultant, at its own cost and expense, shall maintain
commercial general liability insurance for the term of this Agreement in an amount
not less than $1,000,000 and automobile liability insurance for the term of this
Agreement in an amount not less than $1,000,000 per occurrence, combined
single limit coverage for risks associated with the work contemplated by this
Agreement. If a Commercial General Liability Insurance or an Automobile Liability
form or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required
occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting
therefrom, and damage to property resulting from activities contemplated under
this Agreement, including the use of owned and non -owned automobiles.
4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
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CG 0001 (most recent edition) covering comprehensive General Liability on an
"occurrence" basis. Automobile coverage shall be at least as broad as Insurance
Services Office Automobile Liability form CA 0001, Code 1 (any auto). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional Requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not
on a claims -made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as
additional insureds as respects: liability arising out of work or operations
performed by or on behalf of the Consultant; or automobiles owned,
leased, hired, or borrowed by the Consultant.
c. Consultant hereby agrees to waive subrogation which any insurer or
contractor may require from vendor by virtue of the payment of any loss.
Consultant agrees to obtain any endorsements that may be necessary to
effect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the
Consultant's insurance coverage shall be primary insurance as respects
the City, its officers, officials, employees, and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees,
or volunteers shall be excess of the Consultant's insurance and shall not
contribute with it.
4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall
submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
b. Additional Insured Endorsement as required by the section;
c. Waiver of Subrogation Endorsement as required by the section; and
d. Primary Insurance Endorsement as required by the section.
4.3 Professional Liability Insurance.
4.3.1 General Requirements. Consultant, at its own cost and expense, shall maintain
for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount
not less than $2,000,000 covering the licensed professionals' errors and
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omissions. Any deductible or self -insured retention shall not exceed $150,000 per
claim.
4.3.2 Claims -Made Limitations. The following provisions shall apply if the professional
liability coverage is written on a claims -made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least 5 years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another
claims -made policy form with a retroactive date that precedes the date of
this Agreement, Consultant shall purchase an extended period coverage
for a minimum of 5 years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be submitted to the City
for review prior to the commencement of any work under this Agreement.
4.3.3 Additional Requirements. A certified endorsement to include contractual liability
shall be included in the policy.
4.3.4 Submittal Requirements. To comply with Subsection 4.3, Consultant shall
submit the Certificate of Liability Insurance in the amounts specified in the section.
4.4 All Policies Requirements.
4.4.1 Acceptability of Insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of Coverage. Prior to beginning any work under this Agreement,
Consultant shall furnish City with complete copies of all Certificates of Liability
Insurance delivered to Consultant by the insurer, including complete copies of all
endorsements attached to the policies. All copies of Certificates of Liability
Insurance and certified endorsements shall show the signature of a person
authorized by that insurer to bind coverage on its behalf. If the City does not
receive the required insurance documents prior to the Consultant beginning work,
it shall not waive the Consultant's obligation to provide them. The City reserves
the right to require complete copies of all required insurance policies at any time.
4.4.3 Deductibles and Self -Insured Retentions. Consultant shall disclose to and
obtain the written approval of City for the self -insured retentions and deductibles
before beginning any of the services or work called for by any term of this
Agreement. At the option of the City, either: the insurer shall reduce or eliminate
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such deductibles or self -insured retentions as respects the City, its officers,
employees, and volunteers; or the Consultant shall provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
4.4.4 Wasting Policies. No policy required by this Section 4 shall include a "wasting"
policy limit (i.e. limit that is eroded by the cost of defense).
4.4.5 Endorsement Requirements. Each insurance policy required by Section 4 shall
be endorsed to state that coverage shall not be canceled by either party, except
after 30 days' prior written notice has been provided to the City.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant's breach:
• Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
• Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
■ Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Refer to the attached
Exhibit C, which is incorporated herein and made a part of this Agreement.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. This Agreement shall
not be construed as an agreement for employment. City shall have the right to control
Consultant only insofar as the results of Consultant's services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise
City shall not have the right to control the means by which Consultant accomplishes
services rendered pursuant to this Agreement. Consultant further acknowledges that
Consultant performs Services outside the usual course of the City's business; and is
customarily engaged in an independently established trade, occupation, or business of the
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same nature as the Consultant performs for the City and has the option to perform such
work for other entities. Notwithstanding any other City, state, or federal policy, rule,
regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents,
and subcontractors providing services under this Agreement shall not qualify for or
become entitled to, and hereby agree to waive any and all claims to, any compensation,
benefit, or any incident of employment by City, including but not limited to eligibility to
enroll in the California Public Employees Retirement System (PERS) as an employee of
City and entitlement to any contribution to be paid by City for employer contributions and/or
employee contributions for PERS benefits.
6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws and regulations applicable to the performance of the work hereunder, including but
not limited to, the California Building Code, the Americans with Disabilities Act, and any
copyright, patent or trademark law. Consultant's failure to comply with any law(s) or
regulation(s) applicable to the performance of the work hereunder shall constitute a breach
of contract.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Consultant represents and warrants to City that Consultant and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect
at all times during the term of this Agreement any licenses, permits, and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
Consultant and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person's race, sex, gender, religion (including religious dress and grooming
practices), national origin, ancestry, physical or mental disability, medical condition
(including cancer and genetic characteristics), marital status, age, sexual orientation, color,
creed, pregnancy, genetic information, gender identity or expression, political affiliation or
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belief, military/veteran status, or any other classification protected by applicable local,
state, or federal laws (each a "Protected Characteristic"), against any employee, applicant
for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or
applicant for any services or programs provided by Consultant under this Agreement.
Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consultant.
Consultant may cancel this Agreement upon 30 days' written notice to City and shall
include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Consultant or
prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the
Parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted
in the proposal, without prior written approval of the Contract Administrator.
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8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement, City's remedies shall include, but are not limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount that
City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
Parties.
9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of 3 years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to
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the examination and audit of the State Auditor, at the request of City or as part of any audit
of the City, for a period of 3 years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the Parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court for
the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the Parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Consultant in a "conflict of interest," as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Section 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous 12 months,
an employee, agent, appointee, or official of the City. If Consultant was an employee,
agent, appointee, or official of the City in the previous 12 months, Consultant warrants that
it did not participate in any manner in the forming of this Agreement. Consultant
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understands that, if this Agreement is made in violation of California Government Code
Section 1090 et seq., the entire Agreement is void and Consultant will not be entitled to
any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of California Government Code
Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the
State of California.
At City's sole discretion, Consultant may be required to file with the City a Form 700 to
identify and document Consultant's economic interests, as defined and regulated by the
California Fair Political Practices Commission. If Consultant is required to file a Form 700,
Consultant is hereby advised to contact the Dublin City Clerk for the Form 700 and
directions on how to prepare it.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by the City Manager
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
MNS Engineers, Inc.
Attn: Jim Scott
401 Grand Avenue, Suite 200
Oakland, CA 94610
Any written notice to City shall be sent to:
City of Dublin
Attn: City Engineer
100 Civic Plaza
Dublin, CA 94568
10.11 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A. B. C, and D represents the entire and integrated
agreement between City and Consultant and supersedes all prior negotiations,
representations, or agreements, either written or oral.
Exhibit A Scope of Services
Exhibit B Compensation Schedule & Reimbursable Expenses
Exhibit C Indemnification
Exhibit D California Labor Code Section 1720 Information
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10.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be an original and all of which together shall constitute one agreement.
10.13 Certification per Iran Contracting Act of 2010. In the event that this contract is for
one million dollars ($1,000,000.00) or more, by Consultant's signature below Consultant
certifies that Consultant, and any parent entities, subsidiaries, successors or subunits of
Consultant are not identified on a list created pursuant to subdivision (b) of Section 2203 of
the California Public Contract Code as a person engaging in investment activities in Iran as
described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b)
of Section 2202.5 of the California Public Contract Code, as applicable.
SIGNATURES ON FOLLOWING PAGE
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The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear
below certify that they are authorized to sign on behalf of the respective Party.
CITY OF DUBLIN MNS Engineers, Inc.
DocuSigned by:
^1c1"cz.rr" I-IuC... u�H�or r oWvor
Linda Smith, City Manager James Sa1vito, President
DocuSigned by:
Attest:
DocuSigned by:
Marsha City Clerk
Approved as to Form:
5DocuSigned by:
or LA, 61.ar for
City Attorney
3070368.1
1000003564
Consultant's DIR Registration Number
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EXHIBIT A
SCOPE OF SERVICES
Construction Management and Inspection Services
The Scope of Services is intended as a guide to illustrate the minimum project requirements. The Consultant
Construction Management Team will provide professional and technical services to manage the
construction, and inspection, for the assigned project under the supervision of the City of Dublin. The
Consultant shall provide all other necessary equipment, vehicle(s), cell phone, tools of the trade, etc.
necessary for the project team to successfully complete the project.
Services During Pre -Construction:
The Construction Manager will assist City Staff in the following:
1. Perform a review of the construction documents issued to the City for review and provide
recommendations regarding feasibility of construction methods, current availability of materials and
labor and time requirements for procurement. Identify materials or services which may have a long
lead time and could impact to the project. Provide written comments to the City for incorporation
into the bid documents by addendum if necessary.
2. Work with the City to develop strategies to generate market interest in the Project.
3. Take the lead in managing the bid process including receiving bidder's questions, distributing
information to the Owner and their consultant, issuing bid addendums, analyzing bids and
ultimately make a recommendation of award to the City Project Manager. Provide documentation
and substantiation to allow staff to gain Council approval of award.
4. Maintain an electronic project management filing system on the City's network using the Microsoft
office suite.
5. Work with and provide project specific construction recommendations to the design team. Review
and provide comment on the construction logistics plans produced by the design team.
Services During Construction:
The Construction Manager will represent the City during construction of the project. The Construction
Manager will perform the following specific services:
1. Coordinate the efforts of the engineer, contractor, local agencies, and City to ensure proper
communication and progress of the project. Act as liaison to the City through the City's Project
Manager.
2. Schedule, direct and supervise the Project Inspector or work with the City's Sr. Inspector in
assignment of inspection staff.
3. Coordinate all required testing services and review testing reports and materials testing personnel.
4. Provide on -site coordination to assure that the project meets the Plans and Specifications and
stays on budget and schedule.
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5. Review, evaluate, and furnish recommendations to the City regarding contractor's performance,
construction schedule and any other matters related to compliance with the contract.
6. Provide a daily log of events and activities so as to secure the City's interests and monitor work
accomplished in accordance with the contract.
7. Review, track and assist in the preparation of responses to Contractor RFI's.
8. Review, track and assist in the review of Contractor submittals.
9. Review and track certificates of compliance and product submittals for conformance to the project
Special Provisions and/or Caltrans Standard Specifications and Plans.
10. Provide a monthly update outlining project status, schedule, submittals, RFI's, and change order
issues. Include pertinent photos or supporting documents. The report should include an analysis of
any potential delays and their actual relevance. The report should be suitably formatted to share
with the City Manager's Office.
11. Issue Weekly Statement of Days Charged.
12. Review and furnish contract correspondence, minutes of meetings and directives to be issued to
secure the interests of the City.
13. Review and make recommendations regarding payments to contractor including Change Orders,
when applicable, and recommendations regarding any proposed changes. Prepare and provide
cost analysis where necessary to verify change order costs generated by the Contractor are
reasonable and correct in scope.
14. Attend all construction -related site meetings with the City's representatives, contractors, and other
meetings between related parties as required. Maintain separate notes on such meetings.
15. Verify that the Contractor complies with the requirement of the project's water pollution control and
staff the project with the required personal and submit necessary documentation to the SMART
system.
16. Assist the Design Consultants Team to ensure compliance with the project's various environmental
requirements and permits
17. Assist with providing any information to the City Departments as required.
18. Monitor contractor's construction activities to ensure the General Contractor is providing proper
planning and coordination of work crews and of subcontractors for the execution of the project
work.
19. Identify potential claims and make recommendations to resolve them.
20. Upon completion of the project work, provide a punch list review and recommendation of Project
Acceptance.
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21. Upon completion of the project work, review all of the Contractor's final submittals to ensure their
compliance with final project close-out requirements.
22. The construction Contractor shall be responsible for job site safety. Should a safety or hazardous
condition be discovered by the Construction Management Team, it shall be brought to the attention
of the Contractor and inform the City.
The Project Inspector will represent the City during construction and report to the Construction Manager or
Inspector of Record or City Representative:
1. Provide on -site inspection to assure that the project is constructed in compliance with the Plans
and Specifications.
2. Perform the duties designated by the City's Building Department Inspector or Inspector of Record
for the project.
3. Provide inspectors daily report of events, manpower, and activities so as to secure the City's
interests and monitor work accomplished in accordance with the contract. Daily progress pictures
shall be incorporated into the report.
4. Take digital photographs and digital video tape recordings of the construction progress on a regular
basis, including pre -construction conditions within the project limits.
5. Collect material tags and verify materials on site meet project specifications and project submittals.
6. Maintain a redline set of as -built plans and specifications.
7. Track and field -verify quantities of actual improvements installed by the Contractor and maintain a
quantity bid sheet for each bid item of work.
8. Assists the Construction Manager or City Representative in review and recommendation of
progress payments.
9. Track and document Time and Materials work issued to the Contractor.
10. Working with the Construction Manager and other agencies and permit holders to issue a project
punch -list.
Post -Construction Services:
1. Provide marked up construction record drawings (as -built drawings) for designer completion.
2. Coordinate and prepare final progress payment.
3. Provide final inspection services and project closeout activities including preparation of final
construction project report and other documents required by City of Dublin, City Building
Department or Authority having Jurisdiction and resolve all contractor claims if any.
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4. Resolution of all contract issues, warranties, bonds, etc.
5. Turn all construction documents over to the City of Dublin.
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EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
POSITION TITLE RATE FOR YEAR
ONE*
Principal-In-Charge/Project Manager $285
Resident Engineer $235
Structure Representative $220
Construction Manager $200
Assistant Resident Engineer $170
Construction Inspector (PW) $155
Electrical Inspector $155
Office Administrator $110
PREVAILING WAGE RATES
Rates shown with Prevailing Wage "(PW)" annotation are used for field work on projects subject to
federal or state prevailing wage law andare subject to increases per DIR.
ANNUAL ESCALATION
All CPI increases shall be calculated by Consultant and requested for adjustment each May, effective
each July 1st. Rate increases shallnot exceed 3% and shall be based on the San Francisco Bay Area
Consumer Price Index CPI for that period of time and this shall be submitted to the Public Works
Management Analyst, or their designee, for approval prior to taking effect.
OVERTIME
Overtime for non-exempt employees will be charged at 1.5 x hourly rate; overtime for exempt employees
and other classification will becharged at 1 x hourly rate.
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EXHIBIT C
INDEMNIFICATION
A. Consultant shall, to the extent permitted by law, including without limitation California Civil Code 2782
and 2782.8, indemnify, hold harmless and assume the defense of, in any actions at law or in equity, the
City, its employees, agents, volunteers, and elective and appointive boards, from all claims, losses, and
damages, including property damage, personal injury, death, and liability of every kind, nature and
description, arising out of, pertaining to or related to the negligence, recklessness or willful misconduct
of Consultant or any person directly or indirectly employed by, or acting as agent for, Consultant, during
and after completion of Consultant's work under this Agreement.
B. With respect to those claims arising from a professional error or omission, Consultant shall defend,
indemnify and hold harmless the City (including its elected officials, officers, employees, and
volunteers) from all claims, losses, and damages arising from the professionally negligent acts, errors
or omissions of Consultant, however, the cost to defend charged to Consultant shall not exceed
Consultant's proportionate percentage fault.
C. Consultant's obligation under this section does not extend to that portion of a claim caused in whole or
in part by the sole negligence or willful misconduct of the City.
D. Consultant shall also indemnify, defend and hold harmless the City from all suits or claims for
infringement of any patent rights, copyrights, trade secrets, trade names, trademarks, service marks, or
any other proprietary rights of any person or persons because of the City or any of its officers,
employees, volunteers, or agents use of articles, products things, or services supplied in the
performance of Consultant's services under this Agreement, however, the cost to defend charged to
Consultant shall not exceed Consultant's proportionate percentage fault.
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EXHIBIT D
PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS
PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ.
HOURS OF WORK:
A. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the
services described in Exhibit A shall constitute a legal day's work under this contract.
B. In accordance with California Labor Code Section 1811, the time of service of any worker
employed in performance of the services described in Exhibit A is limited to 8 hours during any
one calendar day, and 40 hours during any one calendar week, except in accordance with
California Labor Code Section 1815, which provides that work in excess of 8 hours during any
one calendar day and 40 hours during any one calendar week is permitted upon compensation
for all hours worked in excess of 8 hours during any one calendar day and 40 hours during any
one calendar week at not less than one -and -one-half times the basic rate of pay.
C. The Consultant and its subcontractors shall forfeit as a penalty to the City $25 for each worker
employed in the performance of the services described in Exhibit A for each calendar day during
which the worker is required or permitted to work more than 8 hours in any one calendar day, or
more than 40 hours in any one calendar week, in violation of the provisions of California Labor
Code Section 1810 and following.
WAGES:
A. In accordance with California Labor Code Section 1773.2, the City has determined the general
prevailing wages in the locality in which the services described in Exhibit A are to be performed
for each craft or type of work needed to be as published by the State of California Department of
Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the
City Public Works Office and shall be made available on request. The Consultant and
subcontractors engaged in the performance of the services described in Exhibit A shall pay no
less than these rates to all persons engaged in performance of the services described in Exhibit
A.
B. In accordance with California Labor Code Section 1775, the Consultant and any subcontractors
engaged in performance of the services described in Exhibit A shall comply with California Labor
Code Section 1775, which establishes a penalty for each worker engaged in the performance of
the services described in Exhibit A that the Consultant or any subcontractor pays less than the
specified prevailing wage. The amount of such penalty shall be determined by the Labor
Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of
the Consultant or subcontractor in failing to pay the correct rate of prevailing wages, or the
previous record of the Consultant or subcontractor in meeting applicable prevailing wage
obligations, or the willful failure by the Consultant or subcontractor to pay the correct rates of
prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of
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prevailing wages is not excusable if the Consultant or subcontractor had knowledge of their
obligations under the California Labor Code. The Consultant or subcontractor shall pay the
difference between the prevailing wage rates and the amount paid to each worker for each
calendar day or portion thereof for which each worker was paid less than the prevailing wage
rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is
not paid the general prevailing per diem wages by the subcontractor, the Consultant is not liable
for any penalties therefore unless the Consultant had knowledge of that failure or unless the
Consultant fails to comply with all of the following requirements:
1. The contract executed between the Consultant and the subcontractor for the performance of
part of the services described in Exhibit A shall include a copy of the provisions of California
Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.
2. The Consultant shall monitor payment of the specified general prevailing rate of per diem
wages by the subcontractor by periodic review of the subcontractor's certified payroll
records.
3. Upon becoming aware of a subcontractor's failure to pay the specified prevailing rate of
wages, the Consultant shall diligently take corrective action to halt or rectify the failure,
including, but not limited to, retaining sufficient funds due the subcontractor for performance
of the services described in Exhibit A.
4. Prior to making final payment to the subcontractor, the Consultant shall obtain an affidavit
signed under penalty of perjury from the subcontractor that the subcontractor has paid the
specified general prevailing rate of per diem wages for employees engaged in the
performance of the services described in Exhibit A and any amounts due pursuant to
California Labor Code Section 1813.
C. In accordance with California Labor Code Section 1776, the Consultant and each subcontractor
engaged in performance of the services described in Exhibit A shall keep accurate payroll
records showing the name, address, social security number, work, straight time and overtime
hours worked each day and week, and the actual per diem wages paid to each journeyman,
apprentice, worker, or other employee employed in performance of the services described in
Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made
under penalty of perjury, stating both of the following:
1. The information contained in the payroll record is true and correct.
2. The employer has complied with the requirements of California Labor Code Sections 1771,
1811, and 1815 for any work performed by the employer's employees on the public works
project.
The payroll records required pursuant to California Labor Code Section 1776 shall be certified
and shall be submitted directly to the Labor Commission, and available for inspection by the
Owner and its authorized representatives, the Division of Labor Standards Enforcement, the
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Division of Apprenticeship Standards of the Department of Industrial Relations and shall
otherwise be available for inspection in accordance with California Labor Code Section 1776.
D. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the
Consultant and any subcontractors engaged in performance of the services described in Exhibit
A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5
governing employment and payment of apprentices on public works contracts.
E. In case it becomes necessary for the Consultant or any subcontractor engaged in performance
of the services described in Exhibit A to employ for the services described in Exhibit A any
person in a trade or occupation (except executive, supervisory, administrative, clerical, or other
non -manual workers as such) for which no minimum wage rate has been determined by the
Director of the Department of Industrial Relations, the Consultant or subcontractor shall pay the
minimum rate of wages specified therein for the classification which most nearly corresponds to
services described in Exhibit A to be performed by that person. The minimum rate thus
furnished shall be applicable as a minimum for such trade or occupation from the time of the
initial employment of the person affected and during the continuance of such employment.
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AMENDMENT #1 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF
DUBLIN AND
SWINERTON MANAGEMENT & CONSULTING
WHEREAS, on July 1, 2021, the City of Dublin (hereinafter referred to as
"CITY") and Swinerton Management & Consulting (hereinafter referred to as "CONSULTANT
") entered into a Consulting Services Agreement for On -Call Construction Management &
Inspection services (hereinafter referred to as the "AGREEMENT"); and
WHEREAS, the CITY would like to expand the services provided by
CONSULTANT; and
WHEREAS, the CITY and CONSULTANT now wish to amend the
AGREEMENT to add a new section for Emergency Operations Assistance to the Public Works
Department in the event of an emergency.
NOW THEREFORE, for good and valuable consideration, the sufficiency of
which is hereby acknowledged, the AGREEMENT is amended as follows:
1) Section 11.0 shall be added in its entirety as follows:
EMERGENCY OPERATIONS ASSISTANCE. The following terms and conditions
are hereby agreed to by CONSULTANT in the event of a local or regional
emergency:
a. Report into the City of Dublin Emergency Operations Center (E.O.C.). Contract
personnel assigned to the CITY will make a reasonable effort to report to the City of
Dublin E.O.C. as soon as possible following a local or regional emergency.
b. CONSULTANT shall provide emergency preparedness training at its own expense. All
contract personnel assigned to the CITY shall maintain appropriate emergency training
and certification at all times, such as ATC-20 Damage Assessment Training and
Certification.
c. CONSULTANT shall make contract personnel and resources available for emergency
response at the same hourly rates and conditions specified in this AGREEMENT.
d. CONSULTANT acknowledges that emergency response work may require variations
in the work hours and assignments.
2) Except to the extent inconsistent with this First Amendment, the Parties ratify and
confirm all the terms and conditions of the AGREEMENT.
3) All requisite insurance policies to be maintained by the CONSULTANT pursuant to the
AGREEMENT, as may be amended from time to time, shall include coverage for the
original term.
Page 1 of 3
698
4) The individuals executing this FIRST AMENDMENT and the instruments referenced
in it on behalf of CONSULTANT each represent and warrant that they have the legal
power, right and actual authority to bind CONSULTANT to the terms and conditions
of this FIRST AMENDMENT.
SIGNATURES ON THE FOLLOWING PAGE
Page 2 of 3
699
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be
executed as of the date of the City Manager's signature below.
CITY OF DUBLIN
DocuS ned by: �///J%
By: -E33836CFFC044E0...
unaa 5mitn, city manager
Dated: 12/16/2021
ATTEST DocuSigned by:
By: /" l Co P 1°
—�9BB70815D22F40A...
iviarsna 'more, city uierK
APPROVED AS TO FORM:
e—Doc ne/edd by:
By:—1/4_4D33BDE7E6D8453..
City Attorney
SWINERTON MANAGEMENT & CONSULTING
DocuSigned by:
By: FEA228FB505742B
Gee, AIA, Vice President
Page 3 of 3
700
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
SWINERTON MANAGEMENT & CONSULTING
FOR
ON -CALL CONSTRUCTION MANAGEMENT & INSPECTION SERVICES
THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and
Swinerton Management & Consulting ("Consultant") (together sometimes referred to as the "Parties") as of
July 1, 2021 (the "Effective Date").
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1
Term of Services. The term of this Agreement shall begin on the Effective Date and shall
end on June 30, 2024, the date of completion specified in Exhibit A, and Consultant shall
complete the work described in Exhibit A on or before that date, unless the term of the
Agreement is otherwise terminated or extended, as provided for in Section 8. The time
provided to Consultant to complete the services required by this Agreement shall not affect
the City's right to terminate the Agreement, as referenced in Section 8. Notwithstanding
the foregoing this Agreement may be extended on a month to month basis for up to 6
months upon the written consent of the Consultant and the City Manager, provided that: a)
sufficient funds have been appropriated for such purchase, b) the price charged by the
Consultant for the provision of the serves described in Exhibit A does not increase. None
of the foregoing shall affect the City's right to terminate the Agreement as provided for in
Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Subsection 1.2 above and to satisfy Consultant's obligations hereunder.
1.5 JReservedj
1.6 JReservedj
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Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $1,000,000
notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be
performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this
Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the
Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the
time and in the manner set forth herein. The payments specified below shall be the only payments from
City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to
City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall
not bill City for duplicate services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. No individual performing work under this Agreement shall
bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager
or his/her designee. Invoices shall contain the following information:
■ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
■ The beginning and ending dates of the billing period;
• A Task Summary containing the original contract amount, the amount of prior billings,
the total due this period, the balance available under the Agreement, and the
percentage of completion;
• A copy of the applicable time entries or time sheets shall be submitted showing the
following:
o Daily logs of total hours worked by each individual performing work under
this Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour
o If this Agreement covers multiple projects, all hours must also be logged
by project assignment
o A brief description of the work, and each reimbursable expense
• The total number of hours of work performed under the Agreement by Consultant and
each employee, agent, and subcontractor of Consultant performing services
hereunder;
• The Consultant's signature;
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■ Consultant shall give separate notice to the City when the total number of hours
worked by Consultant and any individual employee, agent, or subcontractor of
Consultant reaches or exceeds 800 hours within a 12-month period under this
Agreement and any other agreement between Consultant and City. Such notice shall
include an estimate of the time necessary to complete work described in Exhibit A and
the estimate of time necessary to complete work under any other agreement between
Consultant and City, if applicable.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within 60 days after completion of the services and submittal to City of a final
invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the compensation schedule attached hereto as Exhibit B.
2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B. Expenses
not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in
the total amount of compensation provided under this Agreement that shall not be
exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets to verify costs incurred to that date.
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2.9 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant's use while consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those facilities shall
be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
incurring any direct expense, including but not limited to computer, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Consultant, at its
own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance
listed below against claims for injuries to persons or damages to property that may arise from or in
connection with the performance of the work hereunder by the Consultant and its agents, representatives,
employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof
satisfactory to City of such insurance that meets the requirements of this section and under forms of
insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work.
Consultant shall maintain the insurance policies required by this section throughout the term of this
Agreement. The cost of such insurance shall be included in the Consultant's bid or proposal. Consultant
shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all
insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in
effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF
THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed
herein for the duration of this Agreement.
4.1 Workers' Compensation.
4.1.1 General Requirements. Consultant shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for
any and all persons employed directly or indirectly by Consultant. The Statutory
Workers' Compensation Insurance and Employer's Liability Insurance shall be
provided with limits of not less than $1,000,000 per accident. In the alternative,
Consultant may rely on a self-insurance program to meet these requirements, but
only if the program of self-insurance complies fully with the provisions of the
California Labor Code. Determination of whether a self-insurance program meets
the standards of the California Labor Code shall be solely in the discretion of the
Contract Administrator.
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The Workers' Compensation policy shall be endorsed with a waiver of subrogation
in favor of the entity for all work performed by the Consultant, its employees,
agents, and subcontractors.
4.1.2 Submittal Requirements. To comply with Subsection 4.1, Consultant shall
submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
and
b. Waiver of Subrogation Endorsement as required by the section.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements. Consultant, at its own cost and expense, shall maintain
commercial general liability insurance for the term of this Agreement in an amount
not less than $1,000,000 and automobile liability insurance for the term of this
Agreement in an amount not less than $1,000,000 per occurrence, combined
single limit coverage for risks associated with the work contemplated by this
Agreement. If a Commercial General Liability Insurance or an Automobile Liability
form or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required
occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting
therefrom, and damage to property resulting from activities contemplated under
this Agreement, including the use of owned and non -owned automobiles.
4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (most recent edition) covering comprehensive General Liability on an
"occurrence" basis. Automobile coverage shall be at least as broad as Insurance
Services Office Automobile Liability form CA 0001, Code 1 (any auto). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional Requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not
on a claims -made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as
additional insureds as respects: liability arising out of work or operations
performed by or on behalf of the Consultant; or automobiles owned,
leased, hired, or borrowed by the Consultant.
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c. Consultant hereby agrees to waive subrogation which any insurer or
contractor may require from vendor by virtue of the payment of any loss.
Consultant agrees to obtain any endorsements that may be necessary to
effect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the
Consultant's insurance coverage shall be primary insurance as respects
the City, its officers, officials, employees, and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees,
or volunteers shall be excess of the Consultant's insurance and shall not
contribute with it.
4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall
submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
b. Additional Insured Endorsement as required by the section;
c. Waiver of Subrogation Endorsement as required by the section; and
d. Primary Insurance Endorsement as required by the section.
4.3 Professional Liability Insurance.
4.3.1 General Requirements. Consultant, at its own cost and expense, shall maintain
for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount
not less than $2,000,000 covering the licensed professionals' errors and
omissions. Any deductible or self -insured retention shall not exceed $150,000 per
claim.
4.3.2 Claims -Made Limitations. The following provisions shall apply if the professional
liability coverage is written on a claims -made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least 5 years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another
claims -made policy form with a retroactive date that precedes the date of
this Agreement, Consultant shall purchase an extended period coverage
for a minimum of 5 years after completion of work under this Agreement.
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d. A copy of the claim reporting requirements must be submitted to the City
for review prior to the commencement of any work under this Agreement.
4.3.3 Additional Requirements. A certified endorsement to include contractual liability
shall be included in the policy.
4.3.4 Submittal Requirements. To comply with Subsection 4.3, Consultant shall
submit the Certificate of Liability Insurance in the amounts specified in the section.
4.4 All Policies Requirements.
4.4.1 Acceptability of Insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of Coverage. Prior to beginning any work under this Agreement,
Consultant shall furnish City with complete copies of all Certificates of Liability
Insurance delivered to Consultant by the insurer, including complete copies of all
endorsements attached to the policies. All copies of Certificates of Liability
Insurance and certified endorsements shall show the signature of a person
authorized by that insurer to bind coverage on its behalf. If the City does not
receive the required insurance documents prior to the Consultant beginning work,
it shall not waive the Consultant's obligation to provide them. The City reserves
the right to require complete copies of all required insurance policies at any time.
4.4.3 Deductibles and Self -Insured Retentions. Consultant shall disclose to and
obtain the written approval of City for the self -insured retentions and deductibles
before beginning any of the services or work called for by any term of this
Agreement. At the option of the City, either: the insurer shall reduce or eliminate
such deductibles or self -insured retentions as respects the City, its officers,
employees, and volunteers; or the Consultant shall provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
4.4.4 Wasting Policies. No policy required by this Section 4 shall include a "wasting"
policy limit (i.e. limit that is eroded by the cost of defense).
4.4.5 Endorsement Requirements. Each insurance policy required by Section 4 shall
be endorsed to state that coverage shall not be canceled by either party, except
after 30 days' prior written notice has been provided to the City.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
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4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant's breach:
■ Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
■ Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
■ Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Refer to the attached
Exhibit C, which is incorporated herein and made a part of this Agreement.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. This Agreement shall
not be construed as an agreement for employment. City shall have the right to control
Consultant only insofar as the results of Consultant's services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise
City shall not have the right to control the means by which Consultant accomplishes
services rendered pursuant to this Agreement. Consultant further acknowledges that
Consultant performs Services outside the usual course of the City's business; and is
customarily engaged in an independently established trade, occupation, or business of the
same nature as the Consultant performs for the City and has the option to perform such
work for other entities. Notwithstanding any other City, state, or federal policy, rule,
regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents,
and subcontractors providing services under this Agreement shall not qualify for or
become entitled to, and hereby agree to waive any and all claims to, any compensation,
benefit, or any incident of employment by City, including but not limited to eligibility to
enroll in the California Public Employees Retirement System (PERS) as an employee of
City and entitlement to any contribution to be paid by City for employer contributions and/or
employee contributions for PERS benefits.
6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
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7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws and regulations applicable to the performance of the work hereunder, including but
not limited to, the California Building Code, the Americans with Disabilities Act, and any
copyright, patent or trademark law. Consultant's failure to comply with any law(s) or
regulation(s) applicable to the performance of the work hereunder shall constitute a breach
of contract.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Consultant represents and warrants to City that Consultant and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect
at all times during the term of this Agreement any licenses, permits, and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
Consultant and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person's race, sex, gender, religion (including religious dress and grooming
practices), national origin, ancestry, physical or mental disability, medical condition
(including cancer and genetic characteristics), marital status, age, sexual orientation, color,
creed, pregnancy, genetic information, gender identity or expression, political affiliation or
belief, military/veteran status, or any other classification protected by applicable local,
state, or federal laws (each a "Protected Characteristic"), against any employee, applicant
for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or
applicant for any services or programs provided by Consultant under this Agreement.
Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consultant.
Consultant may cancel this Agreement upon 30 days' written notice to City and shall
include in such notice the reasons for cancellation.
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In the event of termination, Consultant shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Consultant or
prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the
Parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted
in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement, City's remedies shall include, but are not limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount that
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City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
Parties.
9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of 3 years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to
the examination and audit of the State Auditor, at the request of City or as part of any audit
of the City, for a period of 3 years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the Parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court for
the Northern District of California.
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10.3 Severabilitv. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the Parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Consultant in a "conflict of interest," as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Section 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous 12 months,
an employee, agent, appointee, or official of the City. If Consultant was an employee,
agent, appointee, or official of the City in the previous 12 months, Consultant warrants that
it did not participate in any manner in the forming of this Agreement. Consultant
understands that, if this Agreement is made in violation of California Government Code
Section 1090 et seq., the entire Agreement is void and Consultant will not be entitled to
any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of California Government Code
Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the
State of California.
At City's sole discretion, Consultant may be required to file with the City a Form 700 to
identify and document Consultant's economic interests, as defined and regulated by the
California Fair Political Practices Commission. If Consultant is required to file a Form 700,
Consultant is hereby advised to contact the Dublin City Clerk for the Form 700 and
directions on how to prepare it.
Consulting Services Agreement between City of Dublin and 07/01/2021
Swinerton Management & Consulting for Construction Management & Inspection Services Page 12 of 14
712
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by the City Manager
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
Swinerton Management & Consulting
Attn: Jeffrey Gee, AIA, Vice President
260 Townsend Street
San Francisco, CA 94107
Email: jgee@swinerton.com
Any written notice to City shall be sent to:
City of Dublin
Attn: City Engineer
100 Civic Plaza
Dublin, CA 94568
10.11 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A, B, and C represents the entire and integrated
agreement between City and Consultant and supersedes all prior negotiations,
representations, or agreements, either written or oral.
Exhibit A Scope of Services
Exhibit B Compensation Schedule & Reimbursable Expenses
Exhibit C Indemnification
10.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be an original and all of which together shall constitute one agreement.
10.13 Certification per Iran Contracting Act of 2010. In the event that this contract is for
one million dollars ($1,000,000.00) or more, by Consultant's signature below Consultant
certifies that Consultant, and any parent entities, subsidiaries, successors or subunits of
Consultant are not identified on a list created pursuant to subdivision (b) of Section 2203 of
the California Public Contract Code as a person engaging in investment activities in Iran as
described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b)
of Section 2202.5 of the California Public Contract Code, as applicable.
SIGNATURES ON FOLLOWING PAGE
Consulting Services Agreement between City of Dublin and 07/01/2021
Swinerton Management & Consulting for Construction Management & Inspection Services Page 13 of 14
713
The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear
below certify that they are authorized to sign on behalf of the respective Party.
CITY OF DUBLIN SWINERTON MANAGEMENT & CONSULTING
DocuL�:
❑cooaarrrrnn n c11
1V/�L
Linda Smith, City Manager
Attest:
DocuSigned by:
DUAAft_VV c
ars'a'i'oore, City Clerk
Approved as to Form:
pDocuSigned by:
orkitA, Map far
City Attorney
3070368.1
PDocuSigned by:
I-11
Jeffrey Gee, AIA, Vice President
Consultant's DIR Registration Number
(if applicable)
Consulting Services Agreement between City of Dublin and 07/01/2021
Swinerton Management & Consulting for Construction Management & Inspection Services Page 14 of 14
714
EXHIBIT A
Scope of Services
Construction Management and Inspection Services
The Scope of Services is intended as a guide to illustrate the minimum project requirements. The Consultant
Construction Management Team will provide professional and technical services to manage the construction, and
inspection, for the assigned project under the supervision of the City of Dublin. The Consultant shall provide all other
necessary equipment, vehicle(s), cell phone, tools of the trade, etc. necessary for the project team to successfully
complete the project.
Services During Pre -Construction:
The Construction Manager will assist City Staff in the following:
1. Perform a review of the construction documents issued to the City for review and provide recommendations
regarding feasibility of construction methods, current availability of materials and labor and time
requirements for procurement. Identify materials or services which may have a long lead time and could
impact to the project. Provide written comments to the City for incorporation into the bid documents by
addendum if necessary.
2. Work with the City to develop strategies to generate market interest in the Project.
3. Take the lead in managing the bid process including receiving bidder's questions, distributing information to
the Owner and their consultant, issuing bid addendums, analyzing bids and ultimately make a
recommendation of award to the City Project Manager. Provide documentation and substantiation to allow
staff to gain Council approval of award.
4. Maintain an electronic project management filing system on the City's network using the Microsoft office
suite.
5. Work with and provide project specific construction recommendations to the design team. Review and
provide comment on the construction logistics plans produced by the design team.
Services During Construction:
The Construction Manager will represent the City during construction of the project. The Construction Manager will
perform the following specific services:
1. Coordinate the efforts of the engineer, contractor, local agencies, and City to ensure proper communication
and progress of the project. Act as liaison to the City through the City's Project Manager.
2. Schedule, direct and supervise the Project Inspector or work with the City's Sr. Inspector in assignment of
inspection staff.
3. Coordinate all required testing services and review testing reports and materials testing personnel.
4. Provide on -site coordination to assure that the project meets the Plans and Specifications and stays on
budget and schedule.
Consulting Services Agreement between City of Dublin and Last revised 07/01/2021
Swinerton Management & Consulting for Construction Mgmt & Inspection Svcs Exhibit A — Page 1 of 3
715
5. Review, evaluate, and furnish recommendations to the City regarding contractor's performance,
construction schedule and any other matters related to compliance with the contract.
6. Provide a daily log of events and activities so as to secure the City's interests and monitor work
accomplished in accordance with the contract.
7. Review, track and assist in the preparation of responses to Contractor RFI's.
8. Review, track and assist in the review of Contractor submittals.
9. Review and track certificates of compliance and product submittals for conformance to the project Special
Provisions and/or Caltrans Standard Specifications and Plans.
10. Provide a monthly update outlining project status, schedule, submittals, RFI's, and change order issues.
Include pertinent photos or supporting documents. The report should include an analysis of any potential
delays and their actual relevance. The report should be suitably formatted to share with the City Manager's
Office.
11. Issue Weekly Statement of Days Charged.
12. Review and furnish contract correspondence, minutes of meetings and directives to be issued to secure the
interests of the City.
13. Review and make recommendations regarding payments to contractor including Change Orders, when
applicable, and recommendations regarding any proposed changes. Prepare and provide cost analysis
where necessary to verify change order costs generated by the Contractor are reasonable and correct in
scope.
14. Attend all construction -related site meetings with the City's representatives, contractors, and other meetings
between related parties as required. Maintain separate notes on such meetings.
15. Verify that the Contractor complies with the requirement of the project's water pollution control and staff the
project with the required personal and submit necessary documentation to the SMART system.
16. Assist the Design Consultants Team to ensure compliance with the project's various environmental
requirements and permits
17. Assist with providing any information to the City Departments as required.
18. Monitor contractor's construction activities to ensure the General Contractor is providing proper planning
and coordination of work crews and of subcontractors for the execution of the project work.
19. Identify potential claims and make recommendations to resolve them.
20. Upon completion of the project work, provide a punch list review and recommendation of Project
Acceptance.
21. Upon completion of the project work, review all of the Contractor's final submittals to ensure their
compliance with final project close-out requirements.
22. The construction Contractor shall be responsible for job site safety. Should a safety or hazardous condition
be discovered by the Construction Management Team, it shall be brought to the attention of the Contractor
and inform the City.
Consulting Services Agreement between City of Dublin and Last revised 07/01/2021
Swinerton Management & Consulting for Construction Mgmt & Inspection Svcs Exhibit A — Page 2 of 3
716
The Project Inspector will represent the City during construction and report to the Construction Manager or Inspector
of Record or City Representative:
1. Provide on -site inspection to assure that the project is constructed in compliance with the Plans and
Specifications.
2. Perform the duties designated by the City's Building Department Inspector or Inspector of Record for the
project.
3. Provide inspectors daily report of events, manpower, and activities so as to secure the City's interests and
monitor work accomplished in accordance with the contract. Daily progress pictures shall be incorporated
into the report.
4. Take digital photographs and digital video tape recordings of the construction progress on a regular basis,
including pre -construction conditions within the project limits.
5. Collect material tags and verify materials on site meet project specifications and project submittals.
6. Maintain a redline set of as -built plans and specifications.
7. Track and field -verify quantities of actual improvements installed by the Contractor and maintain a quantity
bid sheet for each bid item of work.
8. Assists the Construction Manager or City Representative in review and recommendation of progress
payments.
9. Track and document Time and Materials work issued to the Contractor.
10. Working with the Construction Manager and other agencies and permit holders to issue a project punch -list.
Post -Construction Services:
1.
2.
Provide marked up construction record drawings (as -built drawings) for designer completion.
Coordinate and prepare final progress payment.
3. Provide final inspection services and project closeout activities including preparation of final
construction project report and other documents required by City of Dublin, City Building Department or
Authority having Jurisdiction and resolve all contractor claims if any.
4. Resolution of all contract issues, warranties, bonds, etc.
5. Turn all construction documents over to the City of Dublin.
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Swinerton Management & Consulting for Construction Mgmt & Inspection Svcs Exhibit A — Page 3 of 3
717
EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
DISCIPLINE HOURLY RATES
Principal -In -Charge $250
Project Executive $226
Program Manager $226
Senior Project Manager $202
Project Manager $161
Assistant Project Manager $129
Senior Construction Manager $202
Construction Manager $161
Assistant Construction Manager $129
Senior Construction Inspector $158
Construction Inspector $114
Senior Project Engineer $128
Project Engineer $106
Corporate Manager of Project Controls $317
Scheduler/ Claims Principal $251
Senior Scheduler / Claims Associate $207
Scheduler / Claims Associate $158
Scheduler / Cost Analyst $130
Jr. Scheduler $106
Financial Controls Manager $154
Senior Cost Estimator $194
Cost Estimator $168
Administrative Manager $108
Senior Project Field Administrator $103
Project Field Administrator $83
Intern $71
REIMBURSABLES AND OVERHEAD
Swinerton's Standard Hourly Rates are all-inclusive of overhead, laptop computers, cell phones, travel within the greater
San Francisco Bay Area, office supplies, etc. Expenses that are not included in our hourly rates would be costs of any
specializedsoftware licenses / computer programs required by our Clients. Reimbursable items, if any, are invoiced at cost
to our Clients.
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Swinerton Management & Consulting for Construction Mgmt & Inspection Svcs Exhibit B — Page 1 of 1
718
EXHIBIT C
INDEMNIFICATION
A. Consultant shall, to the extent permitted by law, including without limitation California Civil Code 2782
and 2782.8, indemnify, hold harmless and assume the defense of, in any actions at law or in equity, the
City, its employees, agents, volunteers, and elective and appointive boards, from all claims, losses, and
damages, including property damage, personal injury, death, and liability of every kind, nature and
description, arising out of, pertaining to or related to the negligence, recklessness or willful misconduct
of Consultant or any person directly or indirectly employed by, or acting as agent for, Consultant, during
and after completion of Consultant's work under this Agreement.
B. With respect to those claims arising from a professional error or omission, Consultant shall defend,
indemnify and hold harmless the City (including its elected officials, officers, employees, and
volunteers) from all claims, losses, and damages arising from the professionally negligent acts, errors
or omissions of Consultant, however, the cost to defend charged to Consultant shall not exceed
Consultant's proportionate percentage fault.
C. Consultant's obligation under this section does not extend to that portion of a claim caused in whole or
in part by the sole negligence or willful misconduct of the City.
D. Consultant shall also indemnify, defend and hold harmless the City from all suits or claims for
infringement of any patent rights, copyrights, trade secrets, trade names, trademarks, service marks, or
any other proprietary rights of any person or persons because of the City or any of its officers,
employees, volunteers, or agents use of articles, products things, or services supplied in the
performance of Consultant's services under this Agreement, however, the cost to defend charged to
Consultant shall not exceed Consultant's proportionate percentage fault.
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Swinerton Management & Consulting for Construction Mgmt & Inspection Svcs Exhibit C — Page 1 of 1
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Attachment 6
DUBLIN
REQUEST FOR PROPOSALS
CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES
Project No. 1 - CIP No. PK0422 Iron Horse Nature Park and Open Space — Phase 1
Project No. 2 - CIP No. ST0121 Green Stormwater Infrastructure, South of Amador Valley Boulevard
City of Dublin
Proposals must be received by: April 10, 2023
Laurie Sucgang, P.E., Assistant Public Works Director/City Engineer
100 Civic Plaza
City of Dublin, CA 94568
Proposals will be evaluated on the following: a) responsiveness to the Request for Proposal questions, b)
experience of the firm, c) experience and qualifications of the assigned individuals and d) Satisfaction of
previous clients.
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DUBLIN
Request for Proposal
For
Construction Management and Inspection Services
Overview
The Public Works Department is seeking construction management and inspection services, including necessary
materials and testing services, for capital improvement projects, as described in the next section below.
The Scope of Services is intended as a guide to illustrate the minimum project requirements. The
Construction Management Team will provide professional and technical services to manage the
construction and inspection for the assigned project under the supervision of the City of Dublin. The
Consultant selected shall provide all other necessary equipment, vehicle(s), cell phone, tools of the
trade, etc. necessary for the project team to successfully complete the project.
Services During Pre -Construction:
The Construction Manager will assist City Staff in the following:
1. Perform a review of the construction documents issued to the City for review and provide
recommendations regarding feasibility of construction methods, current availability of
materials and labor and time requirements for procurement. Identify materials or services
which may have a long lead time and could impact to the project. Provide written comments to
the City for incorporation into the bid documents by addendum if necessary.
2. Work with the City to develop strategies to generate market interest in the Project.
3. Take the lead in managing the bid process including receiving bidder's questions, distributing
information to the Owner and their consultant, issuing bid addendums, analyzing bids and
ultimately make a recommendation of award to the City Project Manager. Provide
documentation and substantiation to allow Staff to gain City Council approval of award.
4. Maintain an electronic project management filing system and potentially on the City's network
using the Microsoft Office Suite.
5. Work with and provide project specific construction recommendations to the design team.
Review and provide comment on the construction logistics plans produced by the design team.
Services During Construction:
The Construction Manager will represent the City during construction of the project. The Construction
Manager will perform the following specific services:
721
1. Coordinate the efforts of the engineer, contractor, local agencies, and City to ensure proper
communication and progress of the project. Act as liaison to the City through the City's Project
Manager.
2. Schedule, direct, and supervise the Project Inspector.
3. Coordinate all required testing services and review testing reports and materials testing
personnel.
4. Provide on -site coordination to assure that the project meets the Plans and Specifications and
stays on budget and schedule.
5. Review, evaluate, and furnish recommendations to the City regarding contractor's
performance, construction schedule, and any other matters related to compliance with the
contract, including the Community Workforce Agreement.
6. Provide a daily log of events and activities so as to secure the City's interests and monitor work
accomplished in accordance with the contract.
7. Review, track, and assist in the preparation of responses to Contractor RFIs.
8. Review, track, and assist in the review of Contractor submittals, including obtaining Building
Permits as necessary.
9. Review and track certificates of compliance and product submittals for conformance to the
project Special Provisions and/or Caltrans Standard Specifications and Plans.
10. Provide a monthly update outlining project status, schedule, submittals, RFIs, and change order
issues. Include pertinent photos or supporting documents. The report should include an
analysis of any potential delays and their actual relevance. The report should be suitably
formatted to share with the City Manager's Office.
11. Issue Weekly Statement of Days Charged.
12. Review and furnish contract correspondence, minutes of meetings, and directives to be issued
to secure the interests of the City.
13. Review and make recommendations regarding payments to contractor including Change
Orders, when applicable, and recommendations regarding any proposed changes. Prepare and
provide cost analysis where necessary to verify change order costs generated by the Contractor
are reasonable and correct in scope.
14. Attend all construction -related site meetings with the City's representatives, contractors, and
other meetings between related parties as required. Maintain separate notes on such
meetings.
15. Verify that the Contractor complies with the requirement of the project's water pollution
control and staff the project with the required personal and submit necessary documentation
to the SMART system.
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16. Assist the Design Consultant's Team to ensure compliance with the projects various
environmental requirements and permits.
17. Assist with providing any information to the City Departments as required, including any
requested tours of the construction site.
18. Monitor contractor's construction activities to ensure the General Contractor is providing
proper planning and coordination of work crews and of subcontractors for the execution of the
project work.
19. Identify potential claims and make recommendations to resolve them.
20. Upon completion of the project work, provide a punch list review, and recommendation of
Project Acceptance.
21. Upon completion of the project work, review all of the Contractor's final submittals to ensure
their compliance with final project close-out requirements.
22. The construction Contractor shall be responsible for job site safety. Should a safety or
hazardous condition be discovered by the Construction Management Team, it shall be brought
to the attention of the Contractor and inform the City.
The Project Inspector will represent the City during construction and report to the Construction
Manager or Inspector of Record or City Representative:
1. Provide on -site inspection to assure that the project is constructed in compliance with the Plans
and Specifications.
2. Perform the duties designated by the City's Building Department Inspector or Inspector of
Record for the project, as necessary.
3. Provide inspector's daily report of events, labor, equipment, and activities so as to secure the
City's interests and monitor work accomplished in accordance with the contract. Daily progress
pictures shall be incorporated into the report.
4. Take digital photographs and digital video tape recordings of the construction progress on a
regular basis, including pre -construction conditions within the project limits.
5. Collect material tags and verify materials on site meet project specifications and project
submittals.
6. Maintain a redline set of as -built plans and specifications.
7. Track and field -verify quantities of actual improvements installed by the Contractor and
maintain a quantity bid sheet for each bid item of work.
8. Assists the Construction Manager or City Representative in review and recommendation of
progress payments.
9. Track and document Time and Materials work issued to the Contractor.
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10. Work with the Construction Manager and other agencies and permit holders to issue a project
punch -list.
Post -Construction Services:
1. Provide marked up construction record drawings (as -built drawings) for designer completion.
2. Coordinate and prepare final progress payment.
3. Provide final inspection services and project closeout activities including preparation of final
construction project report and other documents required by City of Dublin, City Building
Department or Authority having Jurisdiction and resolve all contractor claims if any.
4. Resolution of all contract issues, warranties, bonds, etc.
5. Turn all construction documents over to the City of Dublin in electronic format and/or hard
copy, as requested.
6. Provide any necessary documentation to meet the requirements of grant funding.
Special Inspection and Materials Testing
The Special Inspection firm shall be on the City of Dublin's Building and Safety Division's "Recognized
Special Inspection & Testing Agency" (see "Special Inspection and Testing Agreement" form, which is
available on the City of Dublin's Building and Safety Division website at:
https://dublin.ca.gov/152/Handouts) listed in all categories or be able to be added to the list prior to
execution of the Agreement.
• Laboratory shall be certified by the State of California to provide material testing for Federal Aid
Projects.
• Field and Laboratory Compaction Testing using Caltrans and ASTM methods.
• Plant inspection.
• Special Inspection (Concrete Placement, ACI or ICC, Electrical, Mechanical, Welding, Rebar,
Conduit, Cables, etc.).
• Public Works Inspection, as needed.
• Firms will be required to sign and comply with the requirements of the City of Dublin Building
and Safety Division's "Special Inspection and Testing Agreement" for projects or project
components issued a Building Permit.
Protect Description:
Project No. 1 - CIP No. PK0422 Iron Horse Nature Park and Open Space — Phase 1
This is the first phase of a new master planned park, Iron Horse Nature Park and Open Space. The project will
construct the first 2,000 linear feet of trail from Amador Valley Boulevard northwesterly, in the alignment
consistent with the adopted Master Plan (i.e. within the City -owned parcel). The new trail will be 12-feet wide
paved with two 2-foot wide shoulders on each side. There will be spur trails or connection trails back to the
724
existing Iron Horse Regional Trail and to the City's existing Stagecoach Park. The park amenities include, entry
monumentation sign, bike rack, bike repair station, pet waste station, relocated three -stream waste receptacles,
benches, concrete seat wall, boulders to create a seating/gathering space, custom shade structure with seating,
culverts with headwalls, endwalls, wingwalls, railing, cobble aprons, etc., plantings, irrigation modification in the
existing Stagecoach Park, interpretive signage at the four amenity areas along the 2,000 linear feet of new
park. The City -owned parcel has contaminated soil and a hazardous wooden bridge that will be removed as a
part of construction, which are relics of its former use as the Southern Pacific Railroad corridor.
The project's current engineer's estimate is between $2 and $4 million. There are State park grant funds for the
construction phase of the project, which have a project completion deadline of December 31, 2023. There are
jurisdictional wetlands on the site that are impacted by the project and will be mitigated on -site. There is also a
Kinder Morgan gas pipeline adjacent to the project site, which is crossed two times with the project
improvements, overhead utilities, underground fiber optic communications, and an abandoned utility pole that
will be removed with the project construction. The existing Iron Horse Regional Trail and South San Ramon
Creek are located on the adjacent Zone 7-owned property and will be open and active during construction.
Zone 7 Water Agency plans to also have a construction project in progress this summer 2023, which will require
coordination with this project construction to avoid conflicts between the two contractors.
The draft 100% PS&E package is anticipated to be submitted to the City for review at the end of March/early
April. The selected consultant will be required to perform a constructability and biddability review. The
resource agency permit applications were submitted in early/mid-March to the ACOE, RWQCB, and CDFW.
The construction contractor will be subject to the Community Workforce Agreement (CWA). The Construction
Manager will be tasked with assisting the City and the City's CWA consultant in administering the requirements
of the CWA. As stated in the CWA, attached to this RFP for reference as Attachment C, the purpose of the CWA
is to promote the efficiency of construction operations for the City through the use of skilled labor resulting in
quality construction outcomes, to provide for the peaceful settlement of labor disputes and grievances without
strikes or lockouts, thereby promoting the public interest in assuring the timely and economical completion of
the Project and covered by the CWA, and to increase training and employment opportunities in the construction
trades through local hire, apprenticeship and pre -apprenticeship, and community partnership programs for
residents of the Local Area.
The Consultant Team(s) providing Design Services to the City of Dublin for this Project are not eligible to
participate in the Construction Administration, Inspection, and Material Testing of the Project.
Project No. 2 - CIP No. ST0121 Green Stormwater Infrastructure, South of Amador Valley Boulevard
The City of Dublin and Alameda County Transportation Commission (Alameda CTC) have partnered to design and
construct this project, which will allow for the City to meet its requirements of the Green Stormwater
Infrastructure Plan and Caltrans' SR84 Expressway Widening and SR84/I-680 Interchange Improvements project,
for which Alameda CTC is the lead implementing agency.
725
The project will treat stormwater runoff from the adjacent neighborhoods prior to discharge into South San
Ramon Creek and Alamo Creek and will meet stormwater treatment and flow control requirements specified in
the San Francisco Bay Regional Water Quality Control Board (RWQCB). Caltrans and the RWQCB have approved
off -site stormwater treatment and flow control for the Alameda CTC Project. Improvements include storm
water pipes, inlets, outlets, bioretention and hydromodification management basin, landscape plantings, etc.
The current engineer's estimate is between $1.2M and $2M. the 50% PS&E is anticipated to be submitted to the
City for review in April. The selected consultant will be required to perform a constructability and biddability
review of the draft 100% PS&E package, which is anticipated to be submitted in summer 2023.
There is also a Kinder Morgan gas pipeline adjacent to the project site, which is crossed at least one time with
the project improvements, overhead utilities, and an underground fiber optic communication line. The existing
Iron Horse Regional Trail and South San Ramon Creek, as well as Alamo Creek and Alamo Canal Trail are located
on the adjacent Zone 7-owned property and will be open and active during construction. Zone 7 Water Agency
plans to also have a construction project in progress this summer 2023, which may require coordination with
this project construction to avoid conflicts between the various contractors.
The construction contractor will be subject to the Community Workforce Agreement (CWA). The Construction
Manager will be tasked with assisting the City and the City's CWA consultant in administering the requirements
of the CWA, attached to this RFP for reference as Attachment C.
The Consultant Team(s) providing Design Services to the City of Dublin for this Project are not eligible to
participate in the Construction Administration, Inspection, and Material Testing of the Project.
Considerations:
Consultants are advised that this agreement is considered "public work" for purposes of the California Labor
Code, which requires payment of prevailing wages. The Agency has obtained from the Director of Department of
Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for holiday and
overtime work. These rates will be on file at the Owner's office at 100 Civic Plaza, Dublin, CA 94568 or online at
http://www.dir.ca.gov/OPRL/PWD/index.htm and they will be made available to any interested party upon
request. The Consultant with whom an Agreement is entered must pay the prevailing rates, post copies thereof
at the job site, provide copies of certified payrolls upon request, and otherwise comply with the applicable
provisions of State law. The Consultant is subject to prevailing wage rate compliance monitoring and
enforcement by the California Department of Industrial Relations.
The Consultant or Subcontractor(s) shall not be qualified to submit a response to this RFP, subject to the
requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for
public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant
to Section 1725.5. It is not a violation of this section for an unregistered consultant to submit a proposal that is
authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public
Contract Code, provided the consultant is registered to perform Public Work pursuant to Section 1725.5 at the
time the contract is awarded.
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Process and General Conditions
1. Proposers shall submit one electronic copy to:
Laurie Sucgang, P.E.
Assistant Public Works Director/City Engineer
100 Civic Plaza
Dublin, CA 94568
Laurie.sucgang@dublin.ca.gov
Electronic copies shall be submitted by e-mailed PDF or on USB flash drive. No hardcopies will be accepted.
2. Deadline for submitting the proposal is April 10, at 4:00 p.m. to Laurie Sucgang at
laurie.suceane@dublin.ca.eov.
3. The City will not pay for any costs incurred in preparation and submission of the proposals or in
anticipation of a contract. The format of submittals is at the discretion of the Proposer. Each proposal
shall be limited to a maximum of 10 pages, single -sided, using minimum 12 point font size. Page limit
excludes a table of contents, tabbed dividers, resumes for Proposer's team, or project examples.
Schedule for RFP Process
March 22, 2023
March 29, 2023
April 4, 2023
April 10, 2023
April 19, 2023
May 16, 2023
RFP Submittal Requirements
Request for Proposals posted
Deadline to submit questions to City of Dublin via e-mail to:
laurie.sucgang@dublin.ca.gov
Addendum posted, if required
Proposals are due no later than 4:00 p.m. on April 10 via e-mail to
laurie.sucgane@dublin.ca.gov . Late submittals will not be accepted.
Interview firms (optional)
Consulting Services Agreement scheduled for approval by the Dublin City
Council (Tentative)
(Tentative dates, subject to change)
Please prepare and organize your Proposal based on the requirements provided below. Please note however
that the RFP submittal is limited to 10 pages maximum single sided (excluding resumes) and should be
submitted on 8 % x 11 paper, in 12-point font. Page limit excludes a table of contents, tabbed dividers, resumes
for Proposer's team, or project examples.
727
Interested firms are requested to one electronic copy of their Proposal as follows:
1. Enclose a cover letter not to exceed one page, describing the firm's interest and commitment to
perform work necessary to provide the requested consulting services. The person authorized by the firm
to negotiate a contract with the City of Dublin shall sign the cover letter. Please include this cover letter
within document and not as a separate page.
2. State the qualifications and experience of the firm/individual(s). Please emphasize the specific
qualifications and experience with engagements of similar scope and complexity.
3. Provide at least three references (names and current phone numbers) from recent work (previous five
years) similar to the services outlined in this RFP. Please include a brief description of the work
performed and the role your firm performed.
4. List key staff members, including identification of the Principal -in -Charge and Project Manager/primary
point -of -contact. Include each team member's availability, including all existing committed hours, and
the ability of being able to complete the project on time and budget.
5. Provide an approach to completing this project, showing the flow of various tasks of the work and
demonstrating the clear understanding of the requested work.
6. Provide a project schedule.
7. Present proposed project budget, to include a compensation rate schedule for services.
8. Provide confirmation of your firm's ability to meet the City's Standard Consulting Services Agreement
and insurance requirements. Exceptions to the Agreement and insurance requirements shall be
specifically noted in the Proposal.
Please submit your Proposal to Laurie Sucgang at laurie.sucgang@dublin.ca.gov no later than April 10 by 4:00
p.m. The entire Proposal (excluding resumes) should be a maximum of 10 pages. Submittals should be
addressed as follows:
City of Dublin, Public Works Department
Attention: Laurie Sucgang, P.E.
City of Dublin
100 Civic Plaza
Dublin, California 94568
Laurie.sucgang@dublin.ca.gov
Late submissions will NOT be accepted. Any Proposal submitted after the stated deadline will not be accepted
for consideration.
Standard Consulting Services Agreement:
728
It is anticipated that the services covered by the Agreement resulting from this solicitation will be performed on
a time and materials fee basis for a specified scope of work. The term of the agreement will begin May 1, 2023
(tentative).
A sample of the City's Standard Consulting Services Agreement (Agreement), including insurance requirements,
is provided as Attachment A.
If the interested firm desires to take exception to the Agreement and/or insurance requirements, the interested
firm shall clearly identify proposed changes to the Agreement and furnish the reason for these changes, which
shall be included in the qualification. Exceptions will be taken into consideration in evaluating Proposals.
Otherwise, the interested firm is to state in the proposal that the Agreement and insurance requirements are
acceptable.
Consideration for exceptions will not be considered if not included in the submitted proposal.
Conflict of Interest
Proposer agrees that, for the term of this contract, no member, officer or employee of the City of Dublin, or of a
public body within Alameda County or member or delegate to the Congress of the United States, during his/her
tenure or for one year thereafter, shall have any direct interest in the contracts or any direct or material benefit
arising therefrom.
Proposers must provide a list of any potential conflicts of interest in working for the City of Dublin. This must
include, but is not limited to, a list of your firm's clients who are the following: Private clients located or
operating within the City of Dublin limits, Dublin San Ramon Services District, U.S. Army Camp Parks and/or the
County of Alameda, and a brief description of work for these clients. Proposers must also identify any other
clients (including public entities), that may pose a potential conflict of interest, as well as a brief description of
work you provide to these clients.
This list must include all potential conflicts of interest within the year prior to the release of this RFP as well as
current and future commitments to other projects.
Principals and those performing work for City of Dublin may be required to submit a California Fair Political
Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting potential financial
conflicts of interest. For additional information, proposers should refer to the FPPC website at
http://www.fppc.ca.eov/Form700.html.
Equal Employment Opportunity
Proposer shall not, on the grounds of race, color, sex, age, religion, national origin, ancestry, physical handicap,
medical condition, or marital status either discriminate or permit discrimination against any employee or
applicant for employment in any manner prohibited by Federal, State or local laws. In the event of Proposer
non-compliance, the City of Dublin may cancel, terminate or suspend the Contract in whole or in part. Proposer
may also be declared ineligible for further contracts with the City of Dublin.
Proposer shall take affirmative action to ensure that applicants are employed, and that employees are treated
during their employment, without regard to their race, religion, color, sex, or national origin. Such action shall
729
include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. Proposer and its sub -consultants shall post in conspicuous places, available to
all employees and applicants for employment, a notice setting forth the following provisions [29 U.S.C. § 623, 42
U.S.C. § 2000, 42 U.S.C. § 6102, 42 U.S.C. § 12112, 42 U.S.C. § 12132, 49 U.S.C. § 5332, 29 CFR Part 1630, 41 CFR
Parts 60 et seq.].
Governing Law
This RFP summarizes the applicable laws and governance; when in conflict applicable State/Federal guidelines
shall apply. The contract and legal relations between the parties hereto shall be governed and construed in
accordance with the laws of the State of California.
Insurance Requirements
The Contractor shall provide insurance coverage as follows in conformance with the City of Dublin's
requirements:
General Liability Insurance
Automobile Liability Insurance
Professional Liability Insurance
Workers' Compensation Insurance
$1,000,000
$1,000,000
$1,000,000
$1,000,000
References
Contractor must include three (3) references for which the company has provided services similar to those
described in this RFP. Reference information shall include: Name, Address, Contact, Title, Phone Number, and
Term of the Contract.
Review and Selection Process
The City reserves the right to make the selection based on its sole discretion. A subcommittee selected by City
Staff will evaluate proposals provided in response to this RFP. The subcommittee will use a forced ranking
process (please see Attachment B, Forced Ranking Rating Sheet, for further detail). Informal interviews may be
conducted by City staff and may include more than one firm that has submitted a Proposal.
Based on input from this review process, a recommendation will be made to the City Manager. The City
Manager will make a recommendation to the City Council for award of contract services.
The City reserves the right to award a contract to the firm(s) that the City feels best meets the requirements of
the RFP. The City reserves the right to reject any and all Proposals prior to execution of the Agreement, with no
penalty to the City.
Selection of Consultant
Submitted Proposals will be evaluated and scored using the following criteria:
• Qualifications and specific experience of key project team members.
• Quality and completeness of the proposal.
730
• Experience with engagement of similar scope and complexity.
• Satisfaction of previous clients.
• Cost of providing the consultant services for this project.
731
Attachment A
Standard Consulting Services Agreement
732
Attachment B
Forced Ranking Rating Sheet
733
Attachment C
Community Workforce Agreement
734
Attachment A
Standard Consulting Services Agreement
735
Attachments to RFP Removed for June 6, 2023 City Council Meeting.
736
Attachment 7
PROPOSAL FOR
City of Dublin
CONSTRUCTION MANAGEMENT AND
INSPECTION SERVICES
Project No. 1 - CIP No. PK0422 Iron Horse Nature Park and Open
Space, Phase 1
Project No. 2 - CIP No. ST0121 Green Stormwater Infrastructure,
South of Amador Valley Boulevard
April 10, 2023
CITY OF
UBLIN
Subconsultants:
ASSOCIATES
GANNETT
J FLEMING
737
April 10, 2023
Ms. Laurie Sucgang, PE
Assistant Public Works Director/City
Engineer
City of Dublin
100 Civic Center Plaza
Dublin, CA 94568
GANNETT
FLEMING
1. PROPOSAL TO PROVIDE CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES, CIP PROJECTS NO. PK0422 AND ST0121
Dear Ms. Sucgang:
In order to complete the subject projects on time the City of Dublin requires the services of
an experienced construction management and inspection team who knows your staff, your
facilities, and can provide value on day one. Gannett Fleming offers the City a cohesive team of
construction management and inspection professionals who have recent experience working
with your staff to deliver successful public works projects for your citizens.
Every member of our team
has direct experience working
with the City of Dublin to
maintain a beautiful, safe, and
welcoming community for
your citizens.
Led by Rany Chek, our principal -in -charge and our
Project Manager Kellen MacPhee, Construction
Manager (CM) Shu-Jon Mao, and inspectors Brian
Barcelona and Tracy Steverson, and subconsultants
BSK (special inspections and materials testing) are
committed to provide construction management and
inspection services to deliver the Iron Horse Nature Park
and Open Space -Phase 1 and the Green Stormwater
Infrastructure south of Amador Valley Boulevard. You
know our team and our work, and you can trust our
track record of success in your City.
Please reach out to Rany Chek at rchek@gfnet.com or (916) 755-3719 if you have any
questions concerning this proposal. Rany is authorized to negotiate our contract with you. We
look forward to working with you and your team on these, and future, projects.
Sincerely,
Rany Chek,E, QSD I Principal -in -Charge
155 Grand Avenue, Suite 504 I Oakland, CA 94612 I T: 510.701.2266 I www.gannettfleming.com
738
TABLE OF CONTENTS
Section 1 Cover Letter 1
Section 2 A Team With Experience You Can Trust 2
Section 3 A Common Sense Approach 5
Section 4 Project Budget, Schedule, and Consulting 8
Agreement
Appendix Resumes 11
U
GANNETT FLEMING
739
A TEAM WITH EXPERIENCE YOU CAN TRUST
OUR FIRM
Since our founding in 1915, Gannett Fleming, Inc. (Gannett) has built a reputation for excellence,
growing to more than 2,700 employees (including more than 500 CM/I professionals) located
in more than 65 offices nationally. During our 107-year history, we have performed thousands
of projects with our construction management expertise spanning all phases from planning
through operations. Gannett's Construction Services Group has overseen $2.5B in construction
in the last 5 years.
Gannett is recognized by the industry for our projects, performance, processes, and people. Our
firm's vision is to be a driving force in improving our communities and sustaining our world.
This pairs with our mission statement, which is to amaze our clients with our quality, innovation,
responsiveness, and become their trusted advisor; promote a cooperative work environment;
and provide a fair return on investment.
OUR TEAM
Gannett intentionally selected a group of professionals who have worked together on previous
projects for the City of Dublin. You can rely on their experience, knowledge of your staff and
facilities, and ability to act as a cohesive unit to deliver your projects on time.
We included BSK Associates as a subconsultant to provide materials testing/special inspection
services for these projects. BSK has worked with the City for over 19 years, and is familiar with
your staff, your facilities, and these projects.
The table below introduces our key staff, their roles, and relevant experience. Brief resumes for
each member are provided in the appendix. Our project references are presented in a table on
page 4.
GANNETT FLEMING 2
740
PROJECT TEAM
STAFF
ROLE
Rany Chek, PE, QSD Principal in
/P
Charge
Kellen MacPhee, PE,
QSD
Project Manager
EXPERIENCE
With more than 27 years of experience, Rany is
an effective problem solver with finely honed
management skills. His expertise with constructability
review services for projects at various levels of
design completion has led to considerable time and
cost savings for our clients and minimized potential
change orders and claims.
Kellen has 16 years of experience with the
construction of a wide range of capital improvement
projects, and is an experienced construction manager
for municipal projects. His expertise includes
managing contractor submittals, schedules and
budgets, and fostering open communication among
all parties .
Shu-Jon Mao, PE,
QSD/P
Construction
Manager
Shu-Jon has 26 years of experience providing
engineering and construction management services
for a wide range of public works improvement
projects.
Brian Barcelona Inspector
Brian has 28 years of construction inspection
services, performing quality control field inspection,
safety monitoring, and contract compliance on the
construction site.
Tracy Steverson Inspector
Tracy has 21 years of experience as an inspector,
quality assurance representative, and
project administrator on major public works
construction projects in California.
David Eckhardt (BSK) Materials Testing
Mr. Eckhardt has over 20 years of experience in the
construction industry and is multi -certified to provide
concrete sampling, epoxy witness observation, proof
load, torque testing, grout injection determination,
and relative compaction testing by way of the sand
cone and nuclear gauge methods.
GANNETT FLEMING 3
741
OUR EXPERIENCE
The table below presents some of our experience providing professional services for the City of
Dublin and other local municipalities. We look forward to continue delivering success to your
PROJECT REFERENCES
PROJECT
Schaefer Ranch
Subdivision Park,
Phases 1 and 2
Citywide Pavement
Slurry Seal
Livermore Village
Parking Garage
STAFF
Rany Chek, Shu-
Jon Mao
Rany Chek, Kellen
MacPhee
Rany Chek, Kellen
MacPhee, Tracy
Steverson, Brian
Barcelona
CITY OF DUBLIN EXPERIENCE
This 6.3-acre park features a "tot lot" for 2- to 5-year-
olds, an apparatus play area for 5- to 13-year-olds,
a covered picnic structure with eight tables, a tennis
court, a basketball court, and a pair of game tables for
checkers or chess. A unique "pocket park," featuring
horseshoe pits and additional picnic tables, is located
just across the street. Our team provided construction
management and inspection services.
Contact: Former City of Dublin Public Works Dir.
Garay Huisingh, ghuisingh@alamedactc.org
510-208-7400
Annual city pavement rehabilitation project, which
included full depth grind, wedge grinding, repaving,
loop installation and striping at various locations
in the City. The project required extensive public
outreach and traffic control, which were managed to
the City's satisfaction.
Contact: Former City of Dublin Civil Engineer
Ananthan Kanagasundaram ananthank@
pleasanthillca.org 925-671-5261
A new, multi -story parking garage constructed in the
existing Livermore Village downtown area, leaving
adjacent infrastructure intact.
Contact: City of Livermore
Joel Waxdeck, City Engineer, jhwaxdeck@livermoreca.
gov 925-960-4521
41 GANNETT FLEMING 4
742
A COMMON SENSE APPROACH
The Gannett team understands the City's
objective for the two proposed projects. The
first project will construct a new linear park
and improve the open area along the Iron
Horse Trail north of Amador Valley Blvd on
land recently acquired by the City from the
Union Pacific Railroad. The scope of work of
CIP No. PK0422 Iron Horse Nature Park and
Open Space — Phase 1 consists of the removal
and mitigation of hazardous materials,
including the remains of the existing railroad
bridge onsite and the construction of a new
2000' linear path and park extending north
from Amador Valley Blvd, with many park
amenities and connections to both the Iron
Horse Trail and Stagecoach Park. The project
will also include drainage upgrade, and
planting and irrigation modification to the
existing Stagecoach Park and on site wetland
mitigation.
The second project will improve water quality
of the storm drain discharge from portions
of Amador Valley Blvd and the Heritage
Commons neighborhood to the east as part
of the City's ACTC Greenwater Program. This
project is located south of Amador Valley
Blvd, with work consisting of a new culvert
tying into the downstream storm drain system
to the neighborhood located on the east side
of the project, construction of a new linear
pretreatment swale and bioretention basin
before tying into existing systems for ultimate
discharge into the South San Ramon Creek.
Gannett will provide the necessary construction
management services, acting as a project
liaison providing effective communication and
coordination between the client (PM), the engineer -
of -record, and the contractor team. Our team
will provide inspection, environmental support,
and materials testing to verify the projects are
constructed per the plans and specifications.
PRE -CONSTRUCTION SERVICES
Shu-Jon Mao, our resident engineer, will coordinate
with the City and the design team to review
and provide recommendations on the contract
documents, provide specific recommendations on
constructability issues, help with the advertisement
of the bid documents, and provide support
throughout the entire bid process through the
award, including receiving bidder's questions,
issuing of bid addendums and analysis of the bid.
CONSTRUCTION SERVICES
Our team has extensive experience providing
project management for municipalities, having
delivered various capital improvement projects
from inception through construction and close
out, including for the City of Dublin. We will lead
the coordination effort for the contractor and
GANNETT FLEMING 5
743
stakholders. Shu-Jon will monitor, schedule,
budget, and coordinate all required testing
services, verifying compliance in the SMART
system.
He will review, track, and assist the City in
to prepare responses to contractor RFIs and
make recommendations on any proposed
contract change.
In the field Brian Barcelona will provide daily
onsite inspection of all work and document all
conditions with daily reports and photographs
for labor, equipment, materials, public safety,
and access. Brian will carefully document any
quality issues he observes.
The team will verify the project meets the
plans and specifications and any required
building permits. Kellen will provide monthly
updates on the job status, job safety and
public safety.
POST -CONSTRUCTION SERVICES
During this phase the team will perform final
inspection and produce all closeout document to
the City and other stakeholders. We will provide
marked up drawing to the designer, resolve all
outstanding issues and claims to prepare and make
the final payment to the contractor. Rany and Kellen
will help in the preparation of any and all documents
required for the grant funds and, finally, turn over all
construction documents to the City.
PROJECT CHALLENGES
Due to our familiarity with your facilities and similar
projects we were able to identify four challenges
that must be overcome. the table onthe following
page presents these challenges, our solutions, and
their benefit to the City.
GANNETT FLEMING 6
744
PROJECT CHALLENGES
CHALLENGE
Accelerated Construction
Timeline. The City received
grant funds for the
construction phase of the
project from the California
State Department of Parks and
Recreation, the funds stipulate
that all construction activities
need to be completed by
December of 2023.
Proximity to Residential
Neighborhoods and Trails
The project area is surrounded
by residential neighborhoods,
flanked to the east by the
Iron Horse Trail and across
the creek from Dublin High
School.
Limited Work Access/ Zone
and Potential Impact to
Amador Blvd/ School Traffic
The sole vehicular access to
the project site is located off
Amador Valley Blvd. This road
is a major road in the area and
a main route to three nearby
schools.
Hazardous Waste Removal
Removal of the Southern
Pacific Railroad timber bridge,
contaminated soils, and
abandon pole
SOLUTION
Having an experienced
Construction Manager (CM)
with years of successful projects,
including in the City of Dublin,
can streamline the constructability
review, bidding process, and all
construction activities.
During the preconstruction stage,
we will review all construction
documents, and verify proper
restrictions for noise, dust, and
working hours are included.
We will also actively engage in
public outreach so the neighbors
are informed of activities, address
their concerns, and maintain a
visible presence on -site.
In the pre -construction phase, we
will verify restrictions are written
into the contract to limit delivery
and access times from Amador.
This would reduce construction
traffic at the critical morning and
afternoon school surges and
reduce interaction between the
public (pedestrian and vehicular)
and construction.
The CM team will work with the
designer to identify the limits of
all affected areas.
Verify the contract language is
specific enough to facilitate a
proper bid, while inclusive enough
to not exclude unexpected
pockets. Unforeseen hazardous
waste discoveries are extremely
costly and add to lengthy and
expensive schedule impacts.
BENEFIT TO THE CITY
We will partner with the contractor
and stakeholders to achieve a
quality, successful project, with
minimal disruptions to the public
with an eye on the schedule.
Proactively reaching out to the
residents will allow them to
prepare for the construction
activities and raise concerns
before they become larger issues.
Additionally, timely responses to
concerns and on -site visibility will
allow the team to quickly address
all concerns and prevent issues
from elevating.
Reducing the possible interaction
between the public and
construction activities is critical
to reducing risk and improving
public relations.
Providing clear restrictions in the
contract documents will have a
zero to negligible impact on the
project's total cost and allow the
contract to bid on the project
accordingly.
Performing a site survey
and clearly identifying the
affected materials and types
of contaminates allows for
competitive bids from multiple
contractors. This reduces the
overall costs and risks to the
project.
GANNETT FLEMING 7
745
PROJECT BUDGET, SCHEDULE, CONSULTING
AGREEMENT
PROPOSED PROJECT BUDGET
Our proposed project budget is $453,027.89. A detailed breakdown, including rates, is
presented on pages 9 and 10.
PROJECT SCHEDULE
A preliminary project schedule that meets the City's time constraints is included on page 10.
STANDARD CONSULTING AGREEMENT
Gannett Fleming has no comments or changes to the City's Standard Consulting Agreement and
Insurance Requirements.
Lj GANNETT FLEMING 8
746
GANNETT
FLEMING
City of Dublin
Project No. 1: CIP No. PK0422 Iron Horse Nature Park and Open Space — Phase 1 Project No. 2: CIP No. ST0121 Green Stormwater Infrastructure,
South of Amador Valley Boulevard
Date: April 10, 2023
Project Schedule
2023 _
May Jun Jul Aug Sep Oct Nov Dec
31 30 31 31 30 31 30 30
21 20 19 22 20 20 18 20
Hours/Month
40 80
192 176 160 160 144 120
2024
Jan
31
20
Calendar days
Work days
Project 1 CIP No. PK0422 - 2023 - Task 1: Pre-Const.
Project 1 CIP No. PK0422 - 2023 - Task 2: Construction
Project 1 CIP No. PK0422 - 2024 - Task 3: Post- Const.
Project 2 CIP No. ST0121 - 2023 - Task 1: Pre-Const
Project 2 CIP No. ST0121 - 2023 - Task 2: Construction
Project 2 CIP No. ST0121 - 2024 - Task 3: Post-Const
Project 1 CIP No. PK0422 - 2023 - Task 1: Pre-Const.
40
176 160 160 144 80
Feb
29
19
30 20
30
0
Mar
31
21
Estimated NTP (CM Services):
Estimated Completion:
Total Hours:
May 16, 2023
February 28, 2024
1,912
Position
Loaded
May
June
July
Aug
Sep
Oct
Nov
Dec
Jan
Feb
Mar
Hours
Totals
Project/Contract Manager
Constructability Review Engineer
Resident Engineer
Kellen MacPhee, PE $ 256.14
Shu-Jon Mao, PE $ 322.73 40
Shu-Jon Mao, PE $ 322.73
80
0 $
40 $
80 $
12,909.20
25,818.41
SUBTOTALS: 120
Project 1 CIP No. PK0422 - 2023 - Task 2: Construction
Is
38,727.61
Position
Name
Loaded
May
June
July
Aug
Sep
Oct
Nov
Dec
Jan
Feb
Mar
Hours
Project/Contract Manager
Resident Engineer
Senior Construction Inspector
Subconsultant
Materials Testing (Estimated Total Only)
Kellen MacPhee, PE
Shu-Jon Mao, PE
Brian Barcelona
18SK
$ 256.14
$ 322.73
$ 192.10
T&M
112
80
88
88
80
80
80
80
72
72
60
60
I I I I I I I I I I I
0
492
460
0
158,783.21
88,366.58
20,000.00
SUBTOTALS: 952
Project 1 CIP No. PK0422 - 2024 - Task 3: Post- Const.
Is
267,149.78
Position
Name
Loaded
May
June
July
Aug
Sep
Oct
Nov
Dec
Jan
Feb
Mar
Hours
Project/Contract Manager Kellen MacPhee, PE $ 263.82
Resident Engineer Shu-Jon Mao, PE $ 332.41
Senior Construction Inspector Brian Barcelona $ 197.86
Subconsultant
Materials Testing (Estimated Total Only)
I BSK&Associates I
T&M
0 $
20 20 40 $
10 0 10 $
1 1 1 1 1 1 I I 1 1 I 1 o Is
SUBTOTALS:I 50
13,296.48
1,978.64
3,000.00 I
Is
18,275.12 I
Project 2 CIP No. ST0121 - 2023 - Task 1: Pre-Const
Position
Name
Loaded May June July l Aug l Sep Oct Nov Dec Jan Feb Mar Hours
Project/Contract Manager
Constructability Review Engineer
Resident Engineer
Kellen MacPhee, PE
Shu-Jon Mao, PE
Shu-Jon Mao, PE
$ 256.14
$ 322.73
$ 322.73
40
0
40
0
$ 12,909.20
SUBTOTALS:I 40
Project 2 CIP No. ST0121 - 2023 - Task 2: Construction
Position
Name =Err Loaded
May
June
July
Aug
Sep
Oct
Nov
Dec 1 Jan
Feb
Mar 1 Hours
Project/Contract Manager
Resident Engineer
Senior Construction Inspector
Kellen MacPhee, PE $ 256.14
Shu-Jon Mao, PE $ 322.73
Brian Barcelona $ 192.10
88 80 80 72 40
88 80 80 72 40
0
360
360
116,182.84
69,156.45
V
V
GANNETT
FLEMING
City of Dublin
Subconsultant
Materials Testing (Estimated Total Only)
BSK&Associates I T&M
Project No. 1: CIP No. PK0422 Iron Horse Nature Park and Open Space — Phase 1 Project No. 2: CIP No. ST0121 Green Stormwater Infrastructure,
South of Amador Valley Boulevard
Date: April 10, 2023
I I I I I I I I I I I I o I
12,000.00
SUBTOTALS: 720
Project 2 CIP No. ST0121 - 2024 - Task 3: Post-Const
Is
197,339.29
Position
Project/Contract Manager
Resident Engineer
Senior Construction Inspector
Subconsultant
Materials Testing (Estimated Total Only)
Loaded
May
June
July
Aug
Sep
Oct
Nov
Dec
Jan
Feb
Mar
Hours
O $
O $
O $
263.82
332.41
197.86
BSK & Associates T&M
20
10
0 $
20 $
10 $
0 I
6,648.24
1,978.64
MIEstimated Contract Total:
SUBTOTAL :I 30
$ 8,626.88
$ 543,027.89
City of Dublin
Project No. 1 - CIP No. PK0422 Iron Horse Nature Park and Open Space — Phase 1
Project No. 2 - CIP No. ST0121 Green Stormwater Infrastructure, South of Amador Valley Boulevard
imilizomm.mMay June2023 July 2023
Project 1 CIP No. PK0422 - 2023 M
Task 1: Pre -Construction 5/16/23 6/30/23
Task 2: Construction 7/1/23 12/31/23
Task 3: Post- Construction 1/1/24 2/14/24
Project 2 CIP No. ST0121 - 2023
Task 1: Pre -Construction 7/15/23 7/31/23
Task 2: Construction 8/1/23 12/31/23
Task 3: Post- Construction 1/1/24 1/31/24
August 2023
September 2023
October 2023
November 2023
December 2023
January 2024 February 2024
1
APPENDIX
LI GANNETT FLEMING 11
749
YEARS OF EXPERIENCE:
27
EDUCATION:
BS, Civil Engineering,
California State
University, San Jose,
1993
REGISTRATIONS:
Professional Engineer,
California, No. C58855
Qualified SWPPP
Developer/Practitioner
(QSD/P), No. 01283
Caltrain, Roadway
Worker Protection
(RWP), No. 001705
BART, Roadway Worker
Protection (RWP)
RANY CHEK, PE, QSD/P
Principal in Charge
With more than 27 years of experience, Mr. Chek is the veteran Program/
Project and Construction manager — an effective problem solver with finely
honed management skills. He is responsible for overall project coordination,
budget control, and making sure our project teams provide the highest
quality construction management services. Mr. Chek has successfully
managed the construction of a wide range of heavy civil and transportation
improvements projects, including rail transit facilities, bridges, highways
and roadways, sound and retaining walls, drainage systems, and other
appurtenant structures and facilities. His expertise with constructability
review services for projects at various levels of design completion has led to
considerable time and cost savings for our clients and minimized potential
change orders and claims.
City of Dublin, 2015 Street Overlay — Dublin, CA Principal -in -Charge. Mr.
Chek served as principal -in -charge for the $2 million annual city pavement
rehabilitation project, which included full depth grind, wedge grinding,
repaving, loop installation and striping at various locations in the City. The
project required extensive public outreach and traffic control, which were
managed to the City's satisfaction.
City of Dublin, Dublin Boulevard/Dougherty Road Widening — Dublin, CA
Resident Engineer. Mr. Chek served as resident engineer for the $8 million
construction of the high -profile, three -phased roadway widening and
intersection improvements. Work included roadway widening; construction of
new traffic lanes; construction of concrete curbs, gutters, sidewalks and raised
median islands; installation of dual street lighting on both streets; landscaping;
pavement rehabilitation; and striping and traffic signal modifications.
Responsible for reviewing safety compliance, CPM schedules, and contractor
progress payments; participating in informal partnering; negotiating
contract change orders and notices of potential claims; managing project
documentation; chairing weekly progress meetings; preparing monthly
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project reports; drafting final reports for invoicing;
and monitoring and coordinating project closeout
activities.
Town of Corte Madera, On -Call Inspection
Services - Corte Madera, CA -Principal -in -
Charge. Mr. Chek serves as principal -in -charge
for the contract, which involves the inspection of
sanitary sewer, onsite storm water management
and storm drain facilities, joint trench, site retaining
walls, final paving; and ongoing review of erosion
and sediment control measures consistent
with NPDES and MCSTOPPP requirements.
Responsible for providing staff oversight, contract
administration, cost management, and quality
assurance services.
Town of Tiburon Private Development Projects,
- Tiburon, CA -Principal -in -Charge. Mr. Chek
serves as principal -in -charge for the contract, which
involves the review of erosion and sediment control
plans consistent with NPDES and MCSTOPPP
requirements for various private development
projects. Additional work includes site inspections
to ensure plan implementation and compliance.
Responsible for providing staff oversight, contract
administration, cost management, and quality
assurance services.
City of Larkspur On -Call Construction Support
Services for CIP Projects, - Larkspur, CA -
Principal -in -Charge. Mr. Chek serves as principal -
in -charge for several capital improvement projects,
including the Rose Garden, which was one of
three commercial subareas designated by the
City for urban renewal. Formerly known as the
Niven Nursery Site, the 16.8-acre Rose Garden
development included 85 residential units; a
2.43-acre community facility site with library; and
multi -use paths and landscaped areas. Due to
environmental constraints, site work was limited
to a 4-month window and construction was
completed over three seasons. Work also included
roadway widening, street lighting, and water main
and utility relocation.
Town of San Anselmo On -Call Encroachment
Permit Inspection Services - San Anselmo, CA -
Principal -in -Charge. Mr. Chek serves as principal -
in -charge for the inspection of projects under a
Town Encroachment Permit. Work involves the
review of traffic control devices and restoration of
public facilities such as roadways and sidewalks.
Responsible for providing staff oversight, contract
administration, cost management, and quality
assurance services.
County of Monterey, Castroville Bicycle/
Pedestrian Path and Railroad Crossing -
Castroville, CA -Principal -in -Charge. Mr. Chek
served as the principal -in -charge for the $6.8
million project, which involved the construction of
multiple components, including (1) a new Class 1
bicycle and pedestrian path; (2) a new 1,170-foot-
long, three -frame, 11-span, 12-foot-wide CIP PS
box girder grade separation over UPRR tracks;
(3) a 2,400-foot-long paved path; and (4) new
pedestrian crosswalks. The new bridge connects
two neighborhoods separated by UPRR tracks;
provides a much -needed safe route to school for
students in Castroville; and links various portions
of the existing multi -modal transportation
infrastructure in the greater area, improving access
for all bicyclists and pedestrians from the Monterey
Peninsula, Salinas, Watsonville, to Santa Cruz
County.
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YEARS OF EXPERIENCE:
16
EDUCATION:
BS,Construction
Engineering, University
of New Mexico
REGISTRATIONS:
Professional Engineer,
California, No. 80777
Qualified SWPPP
Developer(QSD)
KELLEN MACPHEE, PE, QSD/P
Project Manager
Mr. MacPhee has 16 years of experience with the construction of a wide
range of capital improvement projects, including bridges and highways
designed and constructed to Caltrans' standards and rail transit facilities.
Mr. MacPhee is well -versed in the construction practices of Caltrans and
has a good working knowledge of the agency's Standard Plans, Standard
Specifications, and Manuals. He is certified as a competent person for
trenching and excavation. Mr. MacPhee is also experienced working in rail
transit operating environments with heightened safety procedures and
is familiar with the Bay Area Rapid Transit (BART) District's standards and
procedures. Mr. MacPhee is experienced in reviewing structures submittals,
including falsework, concrete, joint seals, cast -in -drilled hole (CIDH),
and abutment, column, and falsework grades. He has a strong working
knowledge of applicable federal, state, and local regulations governing the
construction of subsurface facilities, including Cal/OSHA. Mr. MacPhee is
proficient in the use of AutoCad Civil 3D.
City of Dublin, 2019 Slurry Seal — Dublin, CA (Resident Engineer/
Construction Inspector -Mr. MacPhee served as resident engineer and
construction inspector for the $1.6 million roadway improvements over
65+ residential roads. Work included asphalt surface repairs, application of
slurry seal, pavement failure repair, crack sealing, striping, and installation
of traffic signal loops. Responsible for inspecting all phases of the project,
including layout of the pavement repairs, installation of traffic signal loops,
and placement of asphalt pavement and slurry application; inspecting traffic
control measures; and verifying all quantities.
City of Dublin, Ramon Road Overlay — San Ramon, CA (Assistant Resident
Engineer/Construction Inspector -Mr. MacPhee served as assistant resident
engineer/construction inspector for the $3.8 million roadway improvements.
Work involved grinding the existing surface; placement of a rubberized asphalt
overlay along 1.5 miles of San Ramon Road from Alcosta Boulevard to the
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1-580 interchange; placement of hot mix asphalt
overlay on 0.25 mile on Amador Boulevard and 0.3
mile of Dublin Boulevard; realignment and repaving
of the multi -use bike path fronting San Ramon
Road from 1.25 miles from Dublin Boulevard to
Alcosta Boulevard; base repairs; construction
of ADA-compliant curb ramps; and construction
of curbs, gutters, and sidewalks. Responsible for
inspecting all phases of the project, including
construction of the ADA ramps, layout of the
base repairs, installation of traffic signal loops
and camera systems, and placement of asphalt;
inspecting traffic control measures; and verifying all
quantities.
County of Contra Costa, Camino Tassajara
Shoulder Widening - San Ramon, CA -Resident
Engineer -Mr. MacPhee served as resident engineer
for the $27 million federally funded project,
which was administered in accordance with the
Caltrans LAPM. Work involved shoulder widening;
construction of two Class II bike paths along both
sides of a 2,100-foot-long segment of Camino
Tassajara west of San Ramon; widening of existing
travel lanes; construction of new paved shoulders;
installation of roadway signing and striping for
the Class II bike lanes; relocation of roadside
obstacles; modifications to the drainage system;
installation of flashing curve advisory beacons on
both approaches to the s-curve; regrading of the
existing hillside on the east side of the roadway to
accommodate the widening; and conforming eight
existing driveways. The project provided drivers
with a consistent roadway section and a wider
recovery zone on both approaches and through an
s-curve.
City of Oakland, I-880/High Street Sewer and
Drainage System Improvements - Oakland, CA
(Project Engineer/Superintendent- M r. MacPhee
served as project engineer/superintendent for
the $2 million infrastructure improvements, which
replaced several sewer lines within the Caltrans
right-of-way. Responsible for conducting safety
and toolbox meetings; preparing the construction
narrative; and preparing the as -built drawings for
the entire sewer line; facilitating construction and
mitigating unknown utilities and design conflicts;
developing design change details and solutions in
response to design conflicts for approval by the
engineer of record; developing excellent working
relationships with the utilities representatives and
vendors to expedite the resolution of utility issues;
preparing correspondence; maintaining project
documents; and creating RFIs and submittals.
City of Madera, State Route 99/Fourth Street
Bridge Widening - Madera, CA (Bridge Resident
Engineer/Structures Representative- Mr.
MacPhee served as the bridge resident engineer/
structures representative for the $5.5 million
widening of the existing 200-foot-long, two -span
bridge over State Route 99. Work involved the
rehabilitation of the bridge deck with polyester
concrete and construction of a 411-foot long,
12-foot-high Type 1 retaining wall. Responsible for
oversight and management of project staff and
the project schedule (CMP); coordinating material
inspection and source inspection subcontractors;
managing the contract budget; preparing contract
change orders; reviewing and accepting materials
and source inspection results; preparing monthly
pay estimates; preparing project correspondence;
and coordinating with the contractor and Caltrans
Oversight staff.
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YEARS OF EXPERIENCE:
26
EDUCATION:
B.S., Civil Engineering,
University of California,
Berkeley
REGISTRATIONS:
Professional Engineer,
California, No. C66634
Qualified SWPPP
Developer/
Practitioner(QSD/P)
SHU-JON MAO, PE, QSD/P
Resident Engineer
Shu-Jon Mao has 26 years of experience providing engineering and
construction management services for a wide range of public works
improvements, including private development, transportation (bridges,
highways and roadways) rail transit, and water -related projects. He has in-
depth knowledge of Caltrans Standard Plans, Standard Specifications, and
manuals; bridge and roadway construction, asphalt concrete paving, utility
and electrical work, landscaping, and contract administration in accordance
with the Caltrans Construction Manual and Local Assistance Procedures
Manual. Mr. Mao also has extensive experience working within rail transit
live operating environments.
City of Dublin, Schaefer Ranch Subdivision Park, Phases 1 and II — Dublin,
CA (Resident Engineer -Mr. Mao served as resident engineer for the $5
million construction of a new park facility for the Schaefer Ranch subdivision.
Work included construction of new embankments for the area; and the
reconstruction of restrooms, facilities, a playground structure, a picnic area,
landscape and irrigation, lighting, utilities, storm drain systems, concrete
sidewalks, and fencing. Responsible for contract administration, cost control,
public relations, safety, and coordinating with multiple stakeholders, including
the City of Dublin's Parks Department.
City of Dublin, Golden Gate Drive Streetscape — Dublin, CA (Construction
Manager -Mr. Mao served as construction manager for the $1.3 million
streetscape project, which involved improvements to pedestrian, bicycle, and
vehicle experiences near the West Dublin BART Station. Work involved the
construction of wider sidewalks; construction of new green -shaded bicycle
lanes; placement of hot mix asphalt overlay; installation of new streetlights;
planting of trees in sidewalks; placement of sidewalk brick pavers; median
landscaping; construction of a new roundabout; and construction of textured
asphalt crosswalks and concrete bulb outs. Responsible for administering
the contract in accordance with the LAPM, quality assurance, cost control,
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certifying materials, claims avoidance, public
relations, change orders, and safety. Project Award:
2012 Project of the Year, APWA, Northern California
Chapter.
City of Larkspur, Doherty Drive Bridge
Replacement - Larkspur, CA (Project Manager/
Structures Representative -Mr. Mao served as
resident engineer/structures representative for
the $2.2 million replacement of the structurally
deficient Doherty Drive Bridge over Larkspur
Creek. Built in 1965, the Doherty Drive Bridge is
located on the busy corridor connecting Highway
101 to the main street of Larkspur. The corrosive
effect of salt in Larkspur Creek caused the bridge
to deteriorate. The new bridge is a single span,
precast prestressed box girder bridge on seat
abutments supported on CIDH piles and with
an asphalt concrete wearing surface. Removal of
the existing two -span conventionally reinforced
bridge included deck, rail, and bent piles to 3
feet below the creek bed. Because the project
was subject to tidal flows and was constructed
without dewatering, extensive planning, stringent
water pollution control measures, and extensive
forward planning were required. Stage construction
was implemented to maintain traffic through the
project site at all times. The project also included
the widening of roadways, installation of new
streetlights, and relocation of water main and
utilities. Extensive public relations and community
outreach was required due to the close proximity of
three schools and a community park.
City of Orinda, 2012-2013 Pavement
Rehabilitation - Orinda, CA (Senior Project
Manager- Mr. Mao served as senior project
manager for the $1.5 million roadway
improvements along multiple streets throughout
the City, including Miner Road (Tiger Tail Court
to Sycamore Road), Orinda Way (Irwin Way south
towards City Hall), Rheem Boulevard (Hall Drive to
Zander Drive), Vista Del Orinda (El Toyonal to Las
Piedras), Overhill Road (Tara Road to Glorietta),
Camino Sobrante (Orinda Way to El Ribero), and
Valley View (Richard Court to Don Gabriel). Project
improvements included pavement dig -outs and
plugs, pavement and conform grinding, utility
adjustments, in -place recycling of asphalt paving,
placement of pavement overlay, and pavement
delineation.
City of Union City, Line M Box Culvert -
Union City, CA -Resident Engineer. Mr. Mao
served as resident engineer for the $1.3 million
phased removal and replacement of 490 linear
feet of concrete -lined open channel with a
10-foot-by-12-foot cast -in -place concrete single
box culvert that transitions into a double box
culvert. Work also included the construction of a
cofferdam and drop inlets; installation of pump,
discharge pipes, and manholes; and excavation,
compaction, and backfilling with non -expansive
soils. Project issues included working in a
regulated waterway with "work windows" and the
potential for contaminated soils due to work on
a former industrial site. Responsible for contract
administration and field inspection, verifying that
the contractor built the project in accordance
with Caltrans standards, calculating quantities for
progress payments, monitoring the schedule and
budget, managing change orders and submittals,
mitigating claims, managing submittals and RFIs,
coordinating materials testing and surveying,
conducting and attending meetings, preparing
reports, coordinating among all affected parties,
and enforcing SWPPP and safety requirements.
assurance services.
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YEARS OF EXPERIENCE:
28
BRIAN BARCELONA
Inspector
Brian offers over 28 years of construction inspection services, including
contractor correspondence, resident engineer, and employee -in -charge
(EIC) staff on daily construction safety, schedules, and ensuring work
is performed based on the approved Site -Specific Work Plans (SSWPs)
and contract plans. Brian is an accomplished inspector with almost three
decades of outstanding performance in the construction management/
inspection industry. With his experience in the construction industry, he
utilizes his knowledge when performing quality control field inspection,
safety monitoring, and contract compliance on the construction site.
BART, Transbay Tube Internal Retrofit Project, San Francisco Bay Area,
CA. As Field Engineer/Inspector for the BART Transbay Tube Internal Retrofit
Project, Brian performed quality control field inspection, safety monitoring,
and played vital role in ensuring material conformance to the plans and
specifications on his projects. He was the first on the front line with the
general contractors at the lower and upper galleries during the non -revenue
shifts. At the end of every shift, Brian submitted his inspection daily reports
and reports out to the Resident Engineer on the construction status.
Sacramento Regional County Sanitation District (Regional Sanitation),
EchoWater Project - Biological Nutrient Removal (BNR) Treatment Plant,
Elk Grove, CA. Brian served as Field Engineer/Inspector for the Biological
Nutrient Removal (BNR) Secondary Treatment Facility and the Tertiary
Treatment Facility (TTF) as part of the EchoWater project. The BNR Project
includes the following: a new primary effluent pump station with an odor
control facility; a BNR facility including eight BNR aeration basins; mixed liquor
channel, pipe galleries, and an electrical building; a flow splitting structure
that distributes mixed liquor to three existing secondary sedimentation
tank batteries; blower building and area control center that includes a new
blower building to provide air to the BNR basins; and a new control center,
SCADA system. Brian's responsibilities included performing quality control
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field inspection on one of the largest public
works projects in Sacramento's history. The BNR
treatment plant will be using the BNR process to
eliminate nearly all ammonia and most nitrates
from the treated water.
Willow Glen (WG) Construction, Commercial
Tenant Improvement Projects, Bay Area, CA.
As Superintendent, Brian worked on multiple
commercial tenant improvement (TI) projects
throughout the Bay Area. The firm held contracts
for commercial buildings including retail, offices,
warehouses, and other spaces that sought better
aesthetics, energy efficiency or to create a more
comfortable working environment. Brian's duties
included scheduling work, receiving proposals from
subcontractors, reviewing material submittals, site
safety, and ensuring that construction was moving
forward per contract specifications. Brian worked
closely with the clients, kept on schedule and within
budget, and worked with the construction team to
deliver timely and quality work.
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YEARS OF EXPERIENCE:
21
TRACY STEVERSON
Inspector
Tracy has 21 years of experience as an inspector, quality assurance
representative, and project administrator on major public works
construction projects in California. She has worked on projects including
earthquake safety, bridges, and structures. She has supported CBOSS PTC
construction projects and was responsible for assuring that all work was
constructed according to specifications; submitted daily reports, provided
visual inspections, assisted with cost control, and monitored safety.
Airport Perimeter Dike Improvements, Phase I - Port of Oakland, CA.
Tracy served as Construction Inspector for this $15 million dollar project
that involves critical perimeter dike improvements to protect the Oakland
Airport's South Field facilities from flood waters, meet FEMA's structural
levee standards, and maintain continuous Airport operations during severe
storms and major earthquakes. The project involves oordination of multiple
work elements within a limited width, raising the dike crest at varying
heights, raising the dike and rip -rap structure by 2 feet, controlling seepage,
construction of a slurry wall, improvements to the in -board slope of the dike,
installation of soil -cement shear panels through the dike fill about 2 feet into
underlying Merritt/Posey Sand, and the installation of replacement stone
columns. Since active fuel lines are situated within the dike, safety is a critical
aspect of the project. Tracy provided site oversight; project inspection and
contract compliance; interfacing with the Port Representatives; preparing
inspector daily reports; and assisting the Resident Engineer with monthly
progress payments. She also was responsible for start/end of shift contact
with Airport Operations to gain and call off access to sensitive areas.
Hayward Maintenance Project, Bay Area Rapid Transit District (BART) -
Hayward, CA. Tracy served as Construction Inspector on the Civil Site work,
Trackwork and Systems portion of the $200-million new Hayward Maintenance
Complex (HMC) Project. The project included demolition, grading, asphalt
concrete paving, fencing and lighting; trackwork and special trackwork,
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including a new crossover and turnout; sound walls
and retaining walls; utilities, including the jack and
bore of an 8-inch-diameter waterline under the
BART tracks; electrical and traction power work;
and train control system work. The crossover
and turnout track work required revenue service
shutdowns over the course of three weekends.
Responsible for inspecting the civil site work,
trackwork, and systems portion of the project.
Peninsula Corridor Joint Powers Board
(Caltrain), 25th Avenue Grade Separation — San
Mateo, CA. Construction Inspector for the
replacement of existing at -grade crossing with
a two -track elevated grade separation, and
relocation of the Hillsdale Caltrain Station
northward. Project involves construction of 1 mile
of new railroad grade separation by partially raising
the rails in a lightweight -cellular -concrete (LCC)
filled MSE wall; partially epressing the existing road;
and constructing two new road connections. Grade
crossings require installation of two new concrete
precast bridges and a steel bridge. Project also
involves construction of a new elevated, center-
board, Caltrain station and a two -cell ast-in-
place pedestrian viaduct, grading and drainage
improvements, and punch list coordination.
Oakland International Airport Connector, Bay
Area Rapid Transit, Oakland, CA. Tracy was
Construction Inspector on this $141 million design -
build project in which she provided substructure
and station construction for the Oakland Airport
Connector. The project consisted of 118 piers for
the elevated guideway, 36 at -grade beams, three
concrete structure stations, a 200-footlong tunnel,
and a 190-foot-long by 2-inch-wide span inverted
beam bridge. Tracy was also responsible for
performing QA inspections; verifying field work;
reviewing as -built drawings; and coordinating site
assessment and remediation, safety oversight, and
preparation of the punch list.
Earthquake Safety Program/Yard Shops
Retrofit Project, Bay Area Rapid Transit, Various
Locations, CA. Tracy served as Construction
inspector on the $17 million Yard Shops Retro-
fit Project which included various yard shops
and miscellaneous structures. Performed QA
Inspections, field work verification, and as -built
review. Site assessment and remediation, safety
oversight, and punch list coordination.
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David Eckhardt— Senior Engineering Technician
Professional Background:
Mr. Eckhardt has over 20 years of experience in the construction industry. He has
performed field inspections and laboratory testing in accordance with ICC
(International Code Council), ASTM (American Society for Testing and Materials), ACI
(American Concrete Institute) and the California Department of Transportation Test
Methods (CTM). Mr. Eckhardt is multi -certified and qualified to provide concrete
sampling, epoxy witness observation, proof load, torque testing, grout injection
determination, and relative compaction testing by way of the sand cone and nuclear
gauge methods.
Relevant Experience:
City of Dublin, Don Biddle Community Park, Dublin, CA — Mr. Eckhardt served as one
of the lead engineering technicians during construction on this 30-acre park that
features tennis courts, basketball courts, two playgrounds, a community
garden/orchard, a garden shed, an expansive lawn area, shade structures, outdoor
classroom, and towering veterans art sculptures. BSK provided geotechnical
observations, materials testing, and special inspection services.
Dublin San Ramon Services District, Camp Parks Water Main, Dublin, CA — M r.
Eckhardt served as the lead materials testing inspector as part of the construction
management team providing soil sampling, compaction testing for trench backfill, and
hot -mix -asphalt sampling and testing. The project installed approximately 4,643 feet
of 8-inch and 12-inch PVC pipeline, valves and appurtenances to replace failing existing
pipelines serving the potable water distribution system within Camp Parks Reserve
Forces Base located in Dublin, CA.
Pleasanton Unified School District, Various Campuses, Pleasanton, CA — Mr. Eckhardt
serves as one of the lead engineering technicians for on -going campus modernization
projects at Foothill High School, Thomas Hart Middle School, and Lydiksen Elementary
School during construction. BSK is providing geotechnical observations, materials
testing, and special inspection services to the District.
Napa Sanitation District, Los Cameros Pipeline Project, Napa, CA — M r. Eckha rdt
served as special inspector to the Resident Engineer for this $20 million project. The
pipeline installed nine miles of recycled water pipe through the south Napa County
grape -growing region. BSK provided continuous soils observation and compaction
testing of subgrade, aggregate base, and hot mix asphalt pavement, as well as
sampling and testing of concrete.
Delta Diablo, Flood Protection, Diversion and Pump Stations Facilities Repairs,
Antioch and Pittsburg, CA— Working under the direction of the project's Construction
Manager, Mr. Eckhardt performed concrete placement observation and sampling,
compaction testing, and provided recommendations for earthwork. The project
included improvements at three pump station and diversion facilities, as well as
addressed flood protection.
Qualifications
Registrations /
Certificates:
Icc soils
Caltrans 125, 231,
375
CPN Nuclear Gauge
Operator
Education:
B.S., Earth Sciences,
U.C. Santa Cruz, 2002
A.S. Computer
Science, Cabrillo
College, 2000
Experience:
BSK Associates-2013
to Current
Fugro Consultants-
2011 to 2013
Genesis Engineering
& Redevelopment-
2009 to 2011
Pacific Crest
Engineering-2000 to
2005
Anchor
Construction-1987
to 1992
760